The state Fair Employment and Housing Commission has just announced the approval of changes to the state’s pregnancy regulations. The changes go into effect on December 30, 2012. They make significant changes to the existing law, including:
1. A clarification of the definition of “four months” (in the context of calculating four months of pregnancy disability leave).
2. An expansion of the definition of “disabled by pregnancy.” Now, a woman so qualifies if she is unable to perform any one or more of the essential functions of her job, or to do so without undue risk to herself, her pregnancy, or others. The regs also now provide examples of specific medical situations that could cause a woman to be considered “disabled by pregnancy,” including a need for prenatal or postnatal care, bed rest, or being afflicted with severe morning sickness.
3. A new definition of “perceived pregnancy,” and protections for employees and applicants on this basis.
4. A clarification of employers’ duties to reasonably accommodate employees affected by pregnancy – which could include reduced work schedules or transfer.
The new regs also change the text of required notices “A” and “B.”
Full details about the changes, including the full text of the revised regulations, are available on the FEHC website. We’ll keep you posted with additional news and analysis.