Reasonable Accommodations at Work When You’re Pregnant
You may already be aware that it is illegal for your employer to discriminate against you for being pregnant, and that you must be provided leave time from work, for pregnancy related issues, and be allowed to remain home after the child’s birth to care for the child.
But what a lot of workers don’t realize is that not only can they not be punished for being pregnant at work, but if you do choose to work while pregnant, your employer must make reasonable accommodations for you at work.
What Are Reasonable Accommodations?
If the phrase reasonable accommodations sounds familiar to you, there’s a reason: it’s the same phrase used in disability cases under the Americans with Disabilities Act or ADA, which requires employers to make accommodations at work for employees with qualifying disabilities.
In that sense, there is nothing new about reasonable accommodations. But many employees and employers don’t know what kind of accommodations can be asked for, or what kind have to be made.
Physical restrictions – obviously, being pregnant, you may not physically be able to, or your doctor may order that you refrain from performing physically strenuous activities. That may include activities that aren’t strenuous but which could be dangerous. For example, while the risk of falling is always a danger, it is even more so when you are pregnant.
Hours – Being pregnant, you may need some flexibility in your work hours or schedule. Things that are seen as “routine” in pregnancy, like morning sickness, must be accommodated by your employer. Your employer also must provide leave for you to get to required doctor appointments, or to deal with any pregnancy related emergencies or medical conditions that may arise.
Rest or Breaks – Being pregnant, you may need longer rest times, or longer break times, or more of either of these. You may also be provided extra or longer bathroom breaks, if those are normally restricted, or even physical placement of your workspace closer to a bathroom. Food or water breaks may need to be added or extended, to account for these needs which tend to increase during pregnancy.
You may also have accompanying disabilities or diseases, which are caused by or related to the pregnancy, and those may have their own disabilities, which your employer must provide you accommodations for.
After the Birth
Remember that the law doesn’t just require accommodations at work for pregnancy before birth, but also prohibits even a prospective employer from, for example, not hiring you, because you may need accommodations while pregnant. You can’t even be punished for just asking for a reasonable accommodation.
All of this has to do with accommodations before the childbirth, but there are also accommodations that must be made for you, post childbirth. You are entitled to time at home to care for your newborn, as is the child’s biological father.
Having problems at work or with your boss because you’re pregnant or because of childbirth? Contact the San Jose workplace disability and discrimination attorneys at the Costanzo Law Firm today for help.
Sources:
eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
dol.gov/agencies/whd/maternal-health
