HR TIP OF THE MONTH
Pregnancy Accommodation Requests . . . . Are You Responding Properly?
An increasing number of states and cities have passed laws providing greater rights to pregnant employees than provided under federal law. For example, New Jersey, New York State, New York City and Philadelphia have all passed laws mandating that employers reasonably accommodate pregnant employees. New Jersey’s law, the Pregnant Workers Fairness Act ("PWFA"), applies to all New Jersey employers regardless of size.
The PWFA (and the New York City and Philadelphia laws) list several potential accommodations that employer’s should consider for pregnant employees. Such accommodations include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring, modified work schedules, and temporary transfers to less strenuous or hazardous work. Employers should review their pregnancy accommodation policies and practices to ensure they are compliant with applicable law.
Brach Eichler Employment Services Group attorneys represent employers of all sizes in New Jersey and New York in connection with their labor and employment needs. Our services range from compliance and counseling advice to defending employers in court against claims of wage and hour violations, unlawful employment practices, discrimination and retaliation. We encourage you to contact Brach Eichler Employment Services Group for all of your labor and employment law issues.
