Federal Law
When an employer is notified that an employee is pregnant or has a pregnancy-related limitation or disability, three federal laws often come to mind: the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Under these laws, an employer may have to accommodate a pregnant employee by providing light duty, alternative assignments, and disability leave or unpaid leave for pregnancy-related conditions.
State Law
An employer must also consider how state disability and leave laws impact pregnant workers and whether the state has a pregnancy-specific labor law. Currently, twelve states and two cities have passed laws specifically requiring some employers to provide reasonable accommodations to pregnant workers. Coverage often depends on the number of employees the business employs:
- Alaska (public employers)
- California (5 or more employees)
- Connecticut (3 or more employees)
- Hawaii (all employers)
- Illinois (public employers)
- Louisiana (25 or more employees)
- Maryland (15 or more employees)
- New Jersey (all employers)
- New York City (4 or more employees)
- Philadelphia (1 or more employees)
- Texas (municipal or county employers)
- West Virginia (12 or more employees)
What forms of accommodation should an employer consider?
In addition to accommodations under federal law, some states are specific about the types of accommodations that need to be considered. Usually, an employer must consider temporary transfer to a less strenuous or hazardous position, if the transfer can be reasonably accommodated. Other forms of accommodation include:
- Bathroom breaks
- Breaks for increased water intake
- Periodic rest
- Assistance with manual labor
- Job restructuring or reassignment
- Modified work schedules
- Telecommuting from home, and
- Disability and paid or unpaid leave
Generally, employers are prohibited from denying employment opportunities, discriminating or retaliating against employees for exercising their rights under these laws. Often, employers are also required to provide employees with written notice of their rights. Wonder whether this applies to you? Give us a call.
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