New Employer Requirements for Pregnant and Nursing Employees
Both NYS and Federal agencies have been busy passing new and supplemental rights and protections for Mothers recently. This includes those that are expecting and those who are postpartum. Nearly all employers will need to take measures immediately and into the future as they respond to Pregnant employee needs and requests, in order to make sure they are in compliance with these new and heighted requirements.
Amongst the newest changes and requirements are:
New Rights for Nursing Mothers:
>Both the Federal PUMP Act, and more significantly the NYS expansion of lactation rights have created more specific mandates for employers to provide breaks for nursing employees, and designate locations that meet a number of criteria. The new NYS model policy also significantly increases the size of the Lactation break policy now needed in employee handbooks.
>Employers should make sure to update their existing handbook policies to ensure compliance with the new model policy requirements. Protocols for preparing for the return to work of nursing Mothers should also be reviewed to ensure all obligations are being met to accommodate Mothers who plan to pump at work.
New Rights for expecting and postpartum Employees:
>The Pregnant Worker’s Fairness Act (PWFA) expands and formalizes employees' rights to accommodation when it comes to pregnancy- including those who are pregnant, have recently undergone childbirth, or have a medical condition related to pregnancy and/or childbirth. This is in addition to already existing ADA and Pregnancy Discrimination Act requirements.
> When it comes to the needs of Pregnant workers pre and post partum, employers now have new requirements to consider accommodations, even if the condition does not rise to the level of “disability”, and in some cases even if that means excusing new Mothers from performing essential job duties for a period of time. In addition, under this new law, employers are explicitly prohibited from forcing accommodations onto this group of workers, and from forcing leaves of absence when other accommodations options may be available.
> Employers should update their processes and documentation when it comes to accommodations for pregnancy-related conditions, as like any and all similarly delicate employment matters, this documentation will be key to defending any related employment claims.
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