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USA Operations Centers Pregnancy Accommodation Policy May 2017
As this policy is reviewed, please note the following state/area for which exceptions exist:
Colorado, Delaware, Illinois, Maryland, Massachusetts, South Carolina
Joyner adheres to all applicable federal and state laws and regulations with respect to treatment of all women affected by pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act (PDA), a federal law, requires women affected by current or past pregnancy, childbirth or related medical conditions:
Not be discriminated against on that basis when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment
Be treated the same as other persons not so affected but similar in their ability or inability to work
In administering any of its policies, it is Joyner’s policy to treat women affected by pregnancy, childbirth or related medical conditions, in the same way (and applying the same terms, conditions) as it treats other employees (including other employees with a disability who are reasonably accommodated under the ADA), not so affected but similar in their ability or inability to work.
Some examples are these:
In circumstances where Joyner provides light duty work, alternative assignments, paid or unpaid leave to other employees (including employees accommodated due to a disability) temporarily or permanently unable to perform their job, Joyner will, under the same terms and conditions, do the same for women temporarily or permanently unable to perform their job due to current or past pregnancy, childbirth or related medical condition
In circumstances where Joyner requires employees to submit a doctor's statement concerning their ability or inability to work, as a term or condition for granting leave or paying sick benefits, it will, under the same terms or conditions, do the same for women affected by current or past pregnancy, childbirth or related medical conditions
Other Benefits and Protections
Disability related to pregnancy or childbirth will be eligible for Short Term Disability (STD) benefits the same as other temporary disabilities. For more information refer to Joyner’s Short Term Disability Policy.
Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA) and/or a state/municipal leave law. For more information refer to Joyner’s Family and Medical Leave Act Policy and Joyner’s State and Municipal Leaves Policy. Note: Leave under the FMLA shall be unpaid unless it otherwise qualifies for paid status under an applicable Joyner’s paid leave.
Impairments resulting from pregnancy, childbirth, or related medical conditions (for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine) may also be disabilities under the Americans with Disabilities Act (ADA). For more information refer to Joyner’s Accommodation Requests Under ADA Policy.
Nursing mothers may also have the right to express milk in the workplace. For more information refer to Joyner’s Nursing Mother's - Reasonable Break Time Policy.
State Exceptions
Colorado:
Colorado requires employers to provide reasonable accommodations to applicants for employment or an employee with conditions related to pregnancy, childbirth, or related condition.
Delaware:
Delaware law requires employers to provide reasonable accommodations to employees whose ability to work is limited by pregnancy, childbirth, lactation and related conditions. Delaware law also prohibits employers from denying pregnant job applicants a position based on the need for a workplace accommodation, making unnecessary changes to a pregnant employee's job functions or requiring a pregnant employee to take paid or unpaid leave when a reasonable accommodation would permit the employee to continue working. An employer is not required to provide a pregnant employee with a workplace accommodation if the requested accommodation poses an undue hardship.
Illinois:
The Illinois Human Rights Act provides that with respect to employment, it is a civil rights violation for an employer to refuse to provide reasonable accommodations for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider.
Reasonable accommodations means actions which would permit such an employee to perform in a reasonable manner the activities involved in the job or occupation including an accessible worksite, acquisition or modification of equipment, job restructuring, and modified work schedule.
It also provides that the reasonable accommodations shall be undertaken provided that those actions do not impose an undue hardship on the business, program, or enterprise of the entity from which the actions are requested.
Maryland:
Maryland's Reasonable Accommodation for Disabilities Due to Pregnancy Act provides that an employee may request a reasonable accommodation for an employee's disability caused or contributed to by pregnancy that does not impose an undue hardship on the employer.
If an employee requests a reasonable accommodation due to pregnancy, Joyner will explore all means of providing a reasonable accommodation, including:
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 strenuous or less hazardous position; or
Providing leave.
Employees seeking a reasonable accommodation may be required to provide a certification from the employee's health care provider concerning the medical advisability of a reasonable accommodation.
Massachusetts:
Massachusetts Pregnant Workers Fairness Act provides employees the right to be free from discrimination in relation to pregnancy or a condition related to pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, including the right to reasonable accommodations for conditions related to pregnancy.
This Act requires that employers provide employees with notice of rights under the Act. This notice of rights must be provided to the employee no more than 10 days after the employer is made aware of a pregnancy or a pregnancy-related condition. See Managerial Actions.
South Carolina
South Carolina’s Pregnancy Accommodations Act requires that employers provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions.
Reasonable accommodation for individuals with medical needs arising from pregnancy, childbirth, or related medical conditions may include:
making existing facilities used by employees readily accessible and usable
providing more frequent or longer break periods; providing more frequent bathroom breaks; providing a private place, other than a bathroom stall for the purpose of expressing milk; modifying food or drink policy; providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; acquiring or modifying equipment or devices necessary for performing essential job functions; and modifying work schedules
This Act also requires that employers provide notice of the right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions to new and existing employees. Notice must be conspicuously posted at an employer’s place of business in an area accessible to employees.
If a change or adjustment is needed to job duties or the work area due to a pregnancy related concern, the employee should contact Joyner’s third Party Heath Service Provider.
If time off work is needed:
For a pregnancy related disability lasting longer than one calendar week - Contact Heath Service Provider to open an STD claim.
For a pregnancy related incapacity lasting less than one calendar week – Contact Heath Service Provider to open an FMLA or State Leave claim. If FMLA or a state leave are not applicable the Heath Service Provider will open an accommodation leave for the time off work related to pregnancy. Note: refer to Joyner’s State and Municipal Leaves Policy for state leaves not administered by the Heath Service Provider.
Provide certification to the Heath Service Provider supporting the accommodation upon request.
Engage in an interactive process with the employee. Document any discussions and decisions regarding employee’s request and maintain a separate file.
Communicate accommodation decision to the Heath Service Provider and the employee. The HREC Team will be available to assist management if needed.
Ensure accommodation is implemented in a reasonable timeframe.
For employees in Massachusetts – When notified by an employee of a pregnancy or pregnancy-related condition, provide the employee with a copy of this policy within 10 days. The employee should also be provided with a link to the Massachusetts web site.