[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/how-to-accommodate-pregnant-and-nursing-employees-in-the-workplace\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/how-to-accommodate-pregnant-and-nursing-employees-in-the-workplace\/","headline":"How to Accommodate Pregnant and Nursing Employees in the Workplace","name":"How to Accommodate Pregnant and Nursing Employees in the Workplace","description":"Recent surveys indicate that women are working much later into their pregnancies than before. Many of these […]","datePublished":"2016-03-31","dateModified":"2021-05-18","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/loren-speziale\/#Person","name":"Loren L. Speziale","url":"https:\/\/www.grossmcginley.com\/resources\/author\/loren-speziale\/","identifier":17,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Loren-L-Speziale-headshot-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2021\/02\/Loren-L-Speziale-headshot-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2016\/04\/pregnant.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2016\/04\/pregnant.jpg","height":800,"width":800},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/how-to-accommodate-pregnant-and-nursing-employees-in-the-workplace\/","about":["Blog"],"wordCount":606,"keywords":["Corporate HR Policies and Procedures","Employment Law"],"articleBody":"Recent surveys indicate that women are working much later into their pregnancies than before. Many of these women are highly educated and trained employees. According to recent surveys, approximately eight out of ten pregnant women continue working through to the eighth month of their pregnancy. As an employer, it is important to recognize that federal law mandates that you accommodate your pregnant workers in accordance with the Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA).Pregnancy in the WorkplaceWhile pregnancy is not considered a disability, many pregnancy-related conditions are considered disabilities. The PDA requires employers to make modifications or accommodations to a pregnant worker\u2019s job in a manner similar to those provided to a disabled employee. This could include adjusting job-related duties, providing additional breaks, or implementing lifting limitations and other safety procedures. Pennsylvania state laws also dictate that employers are responsible for providing \u201creasonable\u201d accommodation for employees \u201cwho have a disability due to pregnancy or childbirth.\u201dPregnancy accommodations may include:\tLonger or more frequent work breaks for restroom use, nausea, and vomiting\tPrivate rest area to lie down during breaks\tModified policy to allow eating\/drinking at workstation\tFlexible schedule and leave time\tErgonomic workstation design\tLimit overtime\tProvide close parking and\/or designated parking space\tLimit walking long distance\tAllow to work from home\tLimit lifting and other physically demanding responsibilities\tLimit traveling distancesIf a pregnant employee regularly works with hazardous materials, employers should contact the Occupational Safety and Health Administration (OSHA) for information regarding safety risks for pregnant workers and disclose these risks to the employee. Accommodations should be made accordingly.As long as an employee is able to perform her job duties, employers are not allowed to force a pregnant employee to take leave prior to giving childbirth.Nursing in the WorkplaceAccording to The Patient Protection and Affordable Care Act section of the Fair Labor Standards Act (FLSA), covered employers are required to accommodate employees who are nursing. As long as the employee is eligible for FLSA, employers must provide breaks for the employee to express breast milk. These nursing mothers must also be provided a location within the workplace, other than a bathroom, for nursing breaks. The location must be private and shielded from view of coworkers and the public. These breaks must be provided for one year after the child\u2019s birth.Nursing mothers are entitled to accommodations similar to those provided to employees for sick-leave and time-off in connection with illness or routine doctor appointments. Employers must provide nursing mothers with similar flexibility to adjust their schedules or use sick leave for their lactation-related needs.Nursing accommodations may include:\tReasonable break times\tPrivate location to express breast milk\tAccess to refrigerator and secure place to store milk\tAllow a flexible schedule and\/or allow to work from homeGiven the trend of women remaining in the workplace longer into their pregnancies and returning to the workplace following the birth of their child, employers need to be aware of their obligations under both federal and state law. Having policies in place to provide the necessary accommodations in compliance with these laws is critical to avoiding potential lawsuits and civil liability for violation of these women\u2019s rights.\u00a0 Further, being proactive in implementing these policies will likely have a positive impact on employee retention and workplace morale.Attorney Loren L. Speziale frequently counsels businesses on their employment policies in an effort to limit risk and avoid costly court actions. If you have questions on the federal laws summarized above or any other employment matters, contact Loren at lspeziale@steve.framework30a.com or 610-820-5450."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"How to Accommodate Pregnant and Nursing Employees in the Workplace","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/how-to-accommodate-pregnant-and-nursing-employees-in-the-workplace\/#breadcrumbitem"}]}]