I’m Pregnant—Does the Law in New York Protect Me at Work?
You have just learned that you are pregnant. Along with the excitement of this time in your life, you may find that there are matters that you need to navigate at work. Among these issues are what to do about additional doctor’s appointments, desired changes to your duties to assure your safety during your pregnancy, and even bathroom breaks.
New York City Workers Are Permitted Certain Accommodations Due to Pregnancy.
“When in doubt, call us and get a free consultation. You will be on the phone with an attorney within 24 hours,
— ALEX GRANOVSKY
Under the New York City Human Rights Law (“NYCHRL”) and the accompanying Pregnant Workers Fairness Act (the “Fairness Act”), pregnant employees are entitled to specific rights. Under the Fairness Act, employers are affirmatively required to “reasonably accommodate the needs of an employee for her pregnancy, childbirth, or related medical condition without necessitating that the employee’s limitation qualify as a disability to be protected.”[1] Given the limited duration of pregnancy, guidance from the New York City Commission on Human Rights specifically explains that accommodations for pregnant workers are “intended to be liberally granted so that employees may continue working without compromising their health or safety.”[2] The Fairness Act, among other things, specifically requires that “minor or temporary modifications to work schedules, requests for temporary shift reassignments, additional breaks or requests to sit during shifts, and temporary unpaid leave, regardless of whether they are offered to other employees, must be granted absent evidence that such accommodations will pose an undue hardship for the employer” or prevent the employee from fulfilling her job’s requirements.[3] In certain situations, your employer will be permitted to ask you for supporting medical documentation.[4]
What if I Work In New York State, But Outside of New York City?
Though not quite as expansive, New York State workers whose employer has four or more employees are also protected, and as of February 8, 2020, the protections will apply to all employers regardless of their size. In particular, employees in New York are permitted occasional breaks to rest or drink water, a modified work schedule, leave for related medical needs, available light duty assignments, and transfers away from hazardous duty.[5] New York State law also requires that employees be able to perform their jobs in a “reasonable manner” once the accommodation is received.
What if I Work Outside of New York State?
The level of accommodations that an employer is required to provide can vary from state to state with more than half of all states currently requiring some pregnancy accommodations.[6] Even if your state does not offer affirmative accommodations for pregnancy (meaning that your employer must grant you certain privileges), under the nationwide Pregnancy Discrimination Act (“PDA”)[7] federal law requires that women who are “affected by pregnancy [be] treated the same as other persons not so affected but similar in their ability or inability to work.”[8] This means that in states without additional protections for pregnant employees, employers are not required to create special policies for pregnant workers, and the policies that apply to other workers with regard to absences, for example, will also apply to pregnant workers. The upshot is that if other workers are limited in the number of absences or sick leave to which they are entitled, so too, are pregnant employees. However, if the absences of other employees are overlooked (yet those of pregnant employees are not) or if employment policies seem to only affect pregnant employees unfavorably, these may be violations of the PDA.
If you would like to discuss your situation with us, please feel free to call or e-mail us at any time. You will be on the phone with an attorney within 24 hours.
[1] https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Pregnancy_InterpretiveGuide_2016.pdf at 1 (internal quotations omitted)
[2] https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Pregnancy_InterpretiveGuide_2016.pdf at 2.
[3] https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Pregnancy_InterpretiveGuide_2016.pdf at 5.
[4] https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Pregnancy_InterpretiveGuide_2016.pdf at 6.
[5] https://www.ny.gov/working-while-pregnant-know-your-rights/pregnancy-rights-employees-workplace
[6] http://www.nationalpartnership.org/our-work/resources/economic-justice/pregnancy-discrimination/reasonable-accommodations-for-pregnant-workers-state-laws.pdf
[7] The PDA is applicable to employers with at least 15 employees. https://www.eeoc.gov/facts/fs-preg.html
[8] Barrett v. Forest Labs, Inc., 39 F. Supp. 3d 407, 449 (S.D.N.Y. 2014).