Accommodating women ma

03 Apr

Requiring an employee to take leave against her wishes violates the PDA even if the employer believes it is acting in the employee's best interest.

If an employee has been absent from work as a result of a pregnancy-related condition and then recovers, her employer may not require her to remain on leave until the baby's birth; nor may an employer prohibit an employee from returning to work for a certain length of time after childbirth (EEOC, 2015).

An employer that provides light duty to other employees cannot justify denying it to a pregnant worker just because it would be more expensive or less convenient to do so. An employer may not force an employee to take leave because she is or has been pregnant, as long as she is able to perform her job duties.

Additionally, light duty may be an appropriate reasonable accommodation for individuals with pregnancy-related disabilities under the ADA. If an employee is limited in performing job duties and is entitled to an accommodation under the PDA or ADA (see above), reasonable accommodations may need to be provided to help her perform job duties.

The PDA is a federal statute that protects pregnant workers and requires covered employers to make job-related modifications for pregnant employees.

The PDA forbids employment discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.

Under the PDA, an employee must have the same freedom to address lactation-related needs that she and her co-workers would have to address other similarly limiting medical conditions.The Family and Medical Leave Act (FMLA) gives leave for prenatal medical appointments, morning sickness, pregnancy-related conditions, childbirth, and for bonding with new children (men are entitled to bonding leave too).State and local laws may provide additional leave or cover individuals who are not covered by the FMLA. Department of Labor, Wage & Hour Division at 866-487-9243 or visit Others may experience limitations that lead to the need for accommodations.For example, fatigue, sickness, or pain may impact attendance; restrictions in lifting, standing, or bending may affect ability to meet the physical demands of a job; or the need to eat and drink frequently, or wear more comfortable clothing may affect adherence to certain policies.