Complying with New Pregnancy and Postpartum Accommodation Rules

Two new federal pregnancy laws that impact your workplace

In this 75-minute interactive online training, you will learn how to:

Accommodate pregnant and postpartum workers
Arrange for (unlimited) workplace milk expression breaks
Adjust your reasonable accommodation rules to include pregnancy and recovery

Learn the new provisions and how to arrange unlimited breaks and set up a facility that complies with the new statute

Employers have brand-new legal obligations to reasonably accommodate workers expanding their families. These include a requirement that your pregnant employees be provided with reasonable accommodations that allow them to continue working up to giving birth. These reasonable accommodations can be something as simple as allowing late arrival for scheduled shifts due to morning sickness or providing unpaid leave after giving birth even if no paid leave is available or the employee isn’t eligible for unpaid FMLA leave.

In addition, you must reasonably accommodate postpartum conditions and complications until the new parent is ready to resume work. For example, an employee who undergoes a cesarean section and has complications from that surgery may have to be allowed more time off than she has available as a reasonable accommodation.

Then when she does return, you’re also required to provide a facility where, for up to a year following birth, she can safely and privately express milk for the new infant and do so as often as she needs. That means unlimited breaks during the workday are now a federal requirement.

Agenda for Complying with New Pregnancy and Postpartum Accommodation Rules

Pregnancy, missed work, and attendance programs: When can you discipline for missed work during pregnancy?
Why forcing a pregnant worker to take leave isn’t a reasonable accommodation under the new PWFA.
Whether the PWFA creates a de facto unpaid maternity leave and what you risk if you turn down a request for time off following birth.
Easy-to-implement, practical accommodations that won’t unduly disrupt the workplace while complying with the new law.
How the FMLA interacts with the PWFA and the PUMP Act to create an entirely new entitlement program.
How to set up a PUMP Act compliant break room or area, and what to include.
What sort of accommodations you are required to make for common pregnancy-related problems like morning sickness, lifting restrictions, and bed rest orders.
A comprehensive, single policy for reasonable accommodations, including pregnancy.

Interactive Q&A time included

Get answers to all your pregnancy, postpartum, and PUMP Act questions from an employment lawyer.

Anniken Davenport is a noted employment law attorney and the editor of the HR Specialist: Employment Law newsletter series. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues, published by HR Specialist. She is a co-author of the upcoming Labor & Employment Law for the 21st Century by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.

Anniken Davenport Attorney and author

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The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

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