Local Law 185 and Local Law 186 (both passed in 2018) require that employers provide employees with lactation accommodations, including a lactation room where employees can pump/express breast milk, and reasonable time to pump/express breast milk.. 4272 which requires employers to provide reasonable accommodations for “pregnancy-related medical conditions” to an employee as long as she is able to perform her job in a “reasonable manner” once the accommodation is received. Wigdor LLP has extensive experience representing employees in connection with pregnancy accommodation claims. Pregnant employees should not be afraid to make an accommodation request. Further, the NYCHRL requires that employers disseminate or conspicuously post a written notice developed by the New York City Commission on Human Rights. assist loved ones when a family member is deployed abroad on active military service. This article gives an overview of the standard and types of accommodations afforded under the federal, New York State and New York City pregnancy accommodation laws. Under the NYCHRL, a pregnant employee can obtain accommodations ranging from small adjustments to scheduling and breaks to a transfer to an alternate position if one is available – so long as the employer cannot demonstrate that providing the accommodation would impose an “undue hardship” on the employer’s business. Your employer must make reasonable efforts to provide a room or another location, in close proximity to your work area, where you can express breast milk in private. occasional breaks to rest or drink water. Upon employer request, the employee is required to provide the employer with medical information needed to verify the existence of a pregnancy-related condition for which she has requested an accommodation. For more information, or to file a complaint, visit: dhr.ny.gov/ or call the Division of Human Rights at 1-888-392-3644. The amendment aims to reduce the health and safety risks of expecting mothers by requiring employers to more liberally grant accommodations to pre… New York’s Paid Family Leave provides job-protected, paid time off so you can: You can continue your health insurance while on leave and are guaranteed the same or a comparable job after your leave ends. The law further defines “reasonable accommodation” as follows: “actions taken which permit an employee, prospective employee or member with a disability, or pregnancy related condition, to perform in a reasonable manner the activities involved in the job or occupation sought or held … provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested.”. When an employee with a disability requests an accommodation, employers must engage in an individualized interactive process/discussion to evaluate and determine the feasibility of the request. As of January 2016, New York state law explicitly guarantees pregnant workers the right to reasonable accommodations for any pregnancy-related conditions, including: occasional breaks to rest or drink water, a modified work schedule, leave for related medical needs, New York State Human Rights Law will require employers to treat pregnancy-related conditions as disabilities and offer employees an accommodation. Under New York law, it is illegal for your employer to treat you differently because you are breastfeeding. As of January 1, 2018, most employees who work in New York State for private employers are eligible to take Paid Family Leave. Fortunately, New York laws provide greater protections and rights to pregnant women than those provided under federal law. As many women work late into their pregnancies, comprehensive laws on workplace pregnancy accommodations are needed to ensure that the welfare of a mother and her child are protected. An employer may only deny an accommodation if: 1) the employee “could not, with reasonable accommodation, satisfy the essential requisites of the job,” or 2) providing an accommodation would place an undue burden on the employer. The New York Times recently published an article titled, “Miscarrying at Work: The Physical Toll of Pregnancy Discrimination,” that recounts the disturbing experiences of pregnant women who were legally denied critical accommodations under federal law. New York State Human Rights Law will require employers to treat pregnancy-related conditions as disabilities and offer employees an accommodation. Know Your Rights. The NY State Human Rights Law defines “pregnancy-related condition” as follows: “a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; provided, however, that … the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.”. It is also illegal for an employer to refuse to hire an applicant because she is pregnant. External web sites operate at the direction of their respective owners who should be contacted directly with questions regarding the content of these sites. modifications to the manner in which work is performed; reassignment to a more suitable position; time off for medical visits and to recover from childbirth. The amendment aims to reduce the health and safety risks of expecting mothers by requiring employers to more liberally grant accommodations to pregnant employees. Pregnant or Breastfeeding in the Workplace? For more information, visit: http://ny.gov/paidfamilyleave, [If you believe that you have been discriminated because of your pregnancy, or denied a reasonable accommodation for a medical condition related to pregnancy or childbirth, you can file complaint with the New York State Division of Human Rights: visit: https://dhr.ny.gov/ or call the Division of Human Rights Hotline at 1-888-392-3644], Are You Pregnant or Breastfeeding? In 2013, New York City enacted its version of the Pregnant Workers Fairness Act, which amended the New York City Human Rights Law (“NYCHRL”) to affirmatively require employees to accommodate “the needs of an employee for her pregnancy, childbirth or related medical condition,” without regard to whether the employee’s limitation qualifies as a disability. In addition to the Pregnancy Discrimination Act, a pregnant woman may be able to seek accommodations under the Americans with Disabilities Act (“ADA”), which was expanded in 2008 to make clear that a physical impairment that substantially limits an individual’s ability to lift, stand or bend, such as typical pregnancy-related conditions, are ADA-covered disabilities.