Women today are
more likely to work while pregnant according to data collected by the Pew Research
Center[1] . Women tend to work longer into
their pregnancy and return to work sooner as well.
With this
information in mind, it is important for companies and their HR departments to
be ready when the time to accommodate a pregnant employee comes about. While
pregnancy can be a wonderful time in a woman's life, it can also present a
number of challenges in the workplace.
For example,
fatigue, sickness, or pain may impact attendance. Restrictions in lifting,
standing, or bending may affect the ability to meet the physical demands of a
job. Some women may need to drink and eat more frequently or wear more
comfortable clothing that may not adhere to certain policies. Back pain, high
blood pressure, dehydration and even depression are other examples of
limitations that can result from pregnancy-related complications.
The more
knowledge and understanding of these possible limitations will better your HR
department and allow the company to avoid any discriminations or retaliations.
Legislations
There are two
federal laws that may require an employer to accommodate a pregnant worker: the
Pregnancy Discrimination Act (PDA), and the Americans with Disabilities Act
(ADA).
The PDA[2] 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. The law requires employers to treat a pregnant employee who is
temporarily unable to perform or is limited in performing, the functions of her
job because of pregnancy, childbirth or a related medical condition in the same
manner as it treats other employees who are similar in their ability or
inability to work.
The ADA[3] requires employers to provide
reasonable accommodations to employees with disabilities, so long as doing so
does not impose an undue hardship on the employer. Although pregnancy alone is
not a disability under the ADA, many pregnancy-related conditions are
disabilities that an employer may have to accommodate under the ADA.
Both is these
legislations can also be accompanied by addition laws, depending on the state.
Some choose to go above and beyond the requirements of federal law by providing
accommodations for as long as the employee needs, for as long as the employer
can withstand hardship in the employee's absence. For example, the state of
California considers pregnancy a temporary disability, as well as any illness
or injury resulting from pregnancy, childbirth, or related medical condition.As
such, an individual is deemed disabled on any day in which, because of her
physical or mental condition, she is unable to perform her regular or customary
work.
Ways to Accommodate
There are a
number of ways employers can accommodate pregnant or nursing workers. HR should
be at the forefront of these decisions, working to make adjustments when
needed.
An example of
this could be if a pregnant employee verbalizes that she’s having trouble, HR
should have her discuss her job description with her doctor, focusing on the
tasks affecting her pregnancy and accommodations that might help. This way
communication is established and modifications can be made based on each
woman’s personal need.
More examples
of such accommodations include:
● Allow for longer or more frequent
work breaks to use the restroom or move her workstation closer to the restroom
if pregnant employee is experiencing nausea and/or vomiting symptoms
● Reduce or eliminate physical exertion
and workplace stress if she is experiencing fatigue
● Modify policy to allow
eating/drinking at workstation/around facility to increase caloric intake and
keep hydrated
● Allow work from home or limit
overtime
● Allow a flexible or reduced work
schedule
● Provide a flexible chair or a foot
rest
● Limit lifting, bending, reaching,
pushing, and pulling
● Modify dress code
● Allow telephone calls during work
hours to healthcare providers and others for needed support
Also consider
that employers don’t want managers to overstep by introducing an accommodation
when it’s not necessary, which could be perceived as showing bias against the
employee’s ability based solely on her pregnancy. However, ignoring someone who
is clearly having difficulty performing isn’t advised, either. Find a balance
within your HR department. One of the best ways to find this balance is to ask
‘What would the process be if the employee had a back injury or needed
adjustments to her work schedule for cancer treatments?” Then, treat pregnancy
accommodations the same way. Once the accommodation is implemented, it’s
important to monitor the situation and make adjustments as needed.
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