news article
Human Resources legal updates
July 7, 2023 / By Tracy Rickett, Human Resources Generalist
Pregnant worker fairness
The federal government has passed the Pregnant Workers Fairness Act (PWFA), went into effect on June 27, 2023. This law requires employers to offer reasonable accommodations to workers for pregnancy, childbirth, and related medical conditions, absent an undue hardship to the employer. Although the language of the Act is similar to that of the Americans with Disabilities Act (ADA), accommodations under the PWFA are available to pregnant workers regardless of whether they are disabled within the meaning of the ADA. The Equal Employment Opportunity Commission (EEOC) has published guidance on the Act, and lists several possible reasonable accommodations, including: “ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.” Starting on June 27, the EEOC began accepting charges filed by employees for violations of the PWFA. In addition, the EEOC has published a new “Know Your Rights” poster that encompasses the PWFA protections, and all covered employers must replace their current posters with the new one on or before June 27. The EEOC’s guidance on the PWFA can be found by clicking here.; and the new poster can be found here.
Lactation accommodations
New York State has published a policy on lactation accommodations and requirements for workplaces, which became effective on June 7, 2023. Requirements under the policy and the revised law include providing a private area (which is not a bathroom), that has light, is close the employee’s work area, has accessible clean running water nearby, has a chair, an electrical outlet, and has a desk, table, counter, or other flat surface. An employer does not need to provide these requirements if it can show “undue hardship.” Employers must also distribute the NY policy to all employees on a yearly basis, at the employee’s time of hire, and as soon as an employee returns to work following the birth of a child. I recommend including the policy, in full, in the employee handbook. The policy can be found here.
Poster Updates
The federal government has made some updates to its posters.
First, the Fair Labor Standards Act (FLSA) poster has been updated to include information about the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act expands the right to take unpaid breaks to express breast milk to exempt employees under the FLSA. Employers are required to give notice of employee rights under the PUMP Act, and this poster presumably fulfills those requirements. The Act went into effect on April 28, 2023.
Next, the Family and Medical Leave Act (FMLA) poster has been changed to reflect the importance of job restoration, rights, and responsibilities of employers, and the use of otherwise available paid leave. Employers are not required to use the latest version of this poster but are encouraged to do so. As a reminder, this only affects employers already covered by the FMLA.