NEW FEDERAL LAW FOR PREGNANT EMPLOYEES GOING INTO EFFECT JUNE 27, 2023

A new federal law will go into effect June 27, 2023, that provides rights to pregnant employees.  The law is consistent with current Minnesota law, so it shouldn’t be a big change for most Minnesota employers.

Who is impacted?     

Employers with 15 or more employees.

Who is protected?    

Qualified employees who have conditions related to pregnancy and childbirth

What’s required?     

Employers must provide reasonable accommodations upon request

What kinds of accommodation?     

Things like:

• Being allowed to sit or drink water

• Closer parking

• Flexible hours

• Appropriately sized uniforms and safety apparel

• Additional break time to use the bathroom, eat, and rest

• Leave to recover from childbirth

• Being excused from strenuous activities and/or activities that involved exposure to compounds not safe for pregnancy

Are there exceptions?          

Yes – there is an exception for employers who can show an “undue hardship on the operation of the business”

What should employers do?

• Check handbook for compliance with state and federal law

• Make sure managers are aware of the law

• Call Blethen Berens with any questions

The new federal law, called the Pregnant Workers Fairness Act (PWFA), goes into effect June 27, 2023.  It requires employers to grant “reasonable accommodations” for pregnant workers. The law prohibits employers with 15 or more workers from discriminating against employees because of their need for an accommodation. It also requires those employers to reasonably accommodate qualified employees who have conditions related to pregnancy and childbirth, unless the covered employer can demonstrate that the accommodation would impose an “undue hardship on the operation of the business of such covered entity.”

If this sounds familiar, it should!  Minnesota already requires similar accommodations and applies to employers with 15 or more employees. 

Blethen Berens’ Employment Law Lawyers are available to discuss any questions as to company compliance with the new federal law. At Blethen Berens, our employment law attorneys are dedicated to providing clients with comprehensive strategies for dealing with the complex and ever-changing relationship between employers and employees.