Massachusetts Pregnant Workers Fairness Act Goes Into Effect on April 1st

The Pregnant Workers Fairness Act, which takes effect on April 1, 2018, extends legal protections for pregnant workers in Massachusetts. Most notably, employers will be required to provide reasonable accommodations for pregnancy and pregnancy-related conditions.

What does the bill include?

The new bill was created to close the gaps between federal law and Massachusetts non-discrimination laws by more clearly defining the protections for pregnant workers. Specifically the current non-discrimination law will be amended to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need to express breast milk for a nursing child” as a protected category.

Here are the 3 main aspects of the Pregnant Workers Fairness Act you should know about:

Reasonable Accommodation

Employers will be required to provide reasonable accommodations to pregnant employees under the new law, including, for example, more frequent or longer breaks, paid or unpaid time off after the birth of a child, private space for pumping and job restructuring or assistance with manual labor. An example that is often used is a pregnant worker who is experiencing morning sickness may be allowed to begin work later in the day. It should be noted that employers do not have to provide accommodations if the proposed accommodation would “impose an undue hardship on the employer’s program, enterprise or business.”

Providing Notice:

Employers will be required to provide employees written notice of their rights no later than April 1, 2018. This can be in the form of a handbook update or another form of notice. After April 1, 2018 employers are required to provide written notice to new employees at the beginning of their employment as well as provide notice within 10 days of receiving a notification that an employee is pregnant.

Space for Breastfeeding or Expressing Breast Milk:

Under this law, staff are permitted to express breast milk in their personal workspace (if it is a private workspace). If a personal workspace is not suitable then a non-bathroom private space must be provided by the employer. This space should be prepared within a reasonable amount of time once an employer is notified of an employee’s needs.

The new bill also makes it unlawful for employers to:

• Take adverse action against any employee who requests a reasonable accommodation,
• Deny employment opportunities due to pregnancy or pregnancy-related conditions,
• Force an employee to accept an accommodation that they do not wish to use,
• Require an employee to take a leave of absence if another reasonable accommodation can be provided instead.

Next Steps for Employers

As the effective date of the law is right around the corner, employers should make sure they have taken the necessary steps to ensure compliance. Employers should start by reviewing their organization’s current non-discrimination policies related to pregnancy and make the necessary updates. Specifically, employers must add the required written notice of rights to their policies. Additionally, policies surrounding attendance, paid and unpaid leave, and breaks may need to be re-examined for compliance with the Act.

It’s also worth noting that employers should consider training managers on how to handle accommodation requests. Any request for accommodation made by a pregnant employee should be carefully considered. If an accommodation is not possible because it would create an undue hardship, employers should take care to document the situation.

If you need assistance modifying your current handbook or providing your employees a written notification, please contact Saleha Walsh at swalsh@insourceservices.com.