New Maryland Law Will Require Employers to Accommodate Pregnant Employees
Author: Beth P. Zoller, XpertHR Legal Editor
June 3, 2013
Effective October 1, 2013, the Reasonable Accommodations for Disabilities Due to Pregnancy Act will amend the state's Fair Employment Practices Act to require employers with 15 or more employees to offer pregnant employees suffering from a temporary disability with reasonable accommodations if doing so would not cause the employer undue hardship. +2013 Bill Text MD S.B. 784; +2013 Bill Text MD H.B. 804. This is true even if the accommodation removes the essential functions of the position.
Employers now have an affirmative duty to explore with the employee all possible ways of providing a requested accommodation which includes:
- Changing the employee's job duties;
- Changing the employee's work hours;
- Relocating the employee's work area;
- Providing mechanical or electrical aids;
- Transferring the employee to a less-hazardous or less-strenuous position; and
- Providing leave.
The new law treats temporary disabilities caused or contributed to by pregnancy or childbirth as temporary disabilities for all job-related purposes and for purposes of temporary disability insurance or a sick leave plan. An employer may require an employee to provide medical certification regarding the need for a reasonable accommodation and the approximate duration. Employers are also required to inform employees about these new rights by posting a notice "in a conspicuous location" and by updating their employee handbooks. Additionally, employers may not interfere with employees exercising their rights under this new law.
Based on this new law, Maryland employers should review and revise their workplace policies and practices regarding the provision of reasonable accommodations to pregnant employees. Employers also should review and revise any reasonable accommodation policies and procedures and train HR or others involved in the reasonable accommodation process on the law. Further, employers should make sure that they do not violate existing state and federal law by discriminating against pregnant employees or applicants. Employers should also make sure to communicate with employees by posting the required notice in a conspicuous place and including a relevant section in the employee handbook to comply with the new law. Further, employers should implement training to advise supervisors and managers regarding compliance with these new requirements.
Additional Resources
Employee Management > EEO - Discrimination: Maryland > Future Developments
Employee Management > Employee Communications: Maryland > Future Developments
Employee Management > Disabilities (ADA): Maryland > Future Developments
"Bumpy" Road Ahead: A Prudent Employer's Guide to Pregnancy Discrimination Laws