Pregnant employees in New York City will soon be entitled to workplace accommodations, thanks to a bill the city’s council unanimously passed Sept. 24.
While the Americans with Disabilities Act requires workplace accommodations for employees with disabilities, it does not consider normal pregnancy a disability.
According to the bill, the change was necessary because of reports that women who request an accommodation to maintain a healthy pregnancy, or who need an accommodation while recovering from childbirth, are being removed from their positions, placed on unpaid leave or fired.
For example, accommodations such as bathroom breaks, breaks to facilitate increased water intake, periodic rest for those who stand for long periods and assistance with manual labor will be required, according to the bill.
Like its federal counterpart, the NYC law will not require such accommodations if they pose an undue hardship to an employer’s business of if they would not allow the employee to perform the essential functions of her job.
The law will apply to employers with four or more workers and will require that employers provide written notice of the accommodation rights to new and existing employees. If signed by the city’s mayor, the law will take effect 120 days later.
The NYC bill comes on the heels of similar legislation in Maryland.
The state’s Reasonable Accommodations for Disabilities Due to Pregnancy Act takes effect Oct. 1 and applies to businesses with 15 or more employees. If an employee with a disability “caused or contributed to by pregnancy” requests accommodation, employers must explore all possible means of accommodation including changing the employee’s job duties or hours, relocating her work area, providing mechanical or electrical aids, transferring her to a less strenuous or hazardous position or providing leave.
For more on Maryland requirements and other recent state-level changes, see Maryland, Arizona and Oregon Update Disabilities Laws.