This Bulletin is part of an ongoing series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.
DID YOU KNOW?
The Pregnant Workers Fairness Act (PWFA), mandates that employers with 15 or more employees make reasonable accommodations for pregnant workers unless it poses an undue hardship.
Accommodations: Must be provided for all health needs at work arising from pregnancy, childbirth, and related conditions. This includes accommodating pelvic pain, fatigue, prenatal appointments, and more. The obligation arises when an employee notifies their supervisor of any limitation.
Undue Hardship: This refers to significant difficulty or expense, considering the organization's total resources. Be prepared to justify any accommodation denial with evidence.
Avoid Pitfalls:
- Avoid Excessive Paperwork: Requiring unnecessary ADA or FMLA paperwork can interfere with employees' rights, cause delays, and potentially lead to claims of retaliation. The PWFA requires only minimal documentation, ensuring a smoother process.
- Request medical documentation only when reasonable.
- Do not delay accommodations.
- Provide leave if requested, unless other accommodations suffice.
- Do not retaliation for accommodation requests.
If you need assistance, we can provide a Reasonable Accommodation Request Form upon request. Adhering to these guidelines ensures compliance and supports a productive workplace environment.
Contact us with any questions or concerns. We’re here to help.
Rhonda Kraeber |