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Pregnant Employee Protections - New Requirements for Employers

Multimedia, Client Alert
April 11, 2023

Two new laws were recently passed providing additional protections for pregnant employees in the workplace. These statutes are: (1) the PUMP for Nursing Mothers Act (otherwise known as the Pump Act), and (2) the Pregnant Workers Fairness Act. These statutes contain the biggest changes for pregnant employees since the implementation of the Pregnancy Discrimination Act of 1978. The requirements of these statutes will require employers with more than 15 employees to implement new policies for their handbooks. More information on flat fee options for these policies is provided below.

Generally, the PUMP Act requires employers to set aside a temporary or permanent private place (other than a restroom) for the purpose of allowing employees to express breastmilk. Employers must provide employees with this break time, and this time must be paid if other paid break times are provided. This Act went into effect on December 29, 2022.

The Pregnant Workers Fairness Act contains the biggest changes for pregnant employees. This Act, which begins on June 27, 2023, requires employers with 15 or more employees to provide “reasonable accommodations” to a pregnant employee’s known limitations related to pregnancy or childbirth. Importantly, these limitations do not need to rise to the level of a “disability” under the Americans with Disabilities Act in order to be accommodated. This will provide almost guaranteed coverage for pregnant employees.

A few examples provided by the DOL include: the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; work-from-home; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. However, this Act specifically states an employer cannot require an employee to take leave (paid or unpaid) if another reasonable accommodation can be provided that would let the employee keep working.

Similar to the ADA, employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An “undue hardship” is a significant difficulty or expense for the employer. This is a high standard to meet that should involve an attorney’s review and oversight.

These changes will require the implementation of two new policies for the vast majority of employers (more than 15 employees). Therefore, I am offering a bundle option for our clients. Clients can receive both policies for a flat fee of $500, which can include minor customization specific to the employer’s requirements. This flat fee will also include an overview telephone conference for implementation of the new requirements. In addition, if a client has not had their handbook audited in the last year, we recommend a general handbook audit to ensure compliance with all new employment laws and regulations. We will offer a flat fee that includes both the handbook audit and the two new pregnant employee policies for $1500.

Employment Law After Hours published a YouTube Podcast further explaining these statutes and their requirements. Click below to view the episode featuring BMD Labor & Employment Partner, Bryan Meek. 

For more information, contact Bryan at bmeek@bmdllc.com or 330.253.5586.

Employement LawEmployment Law After HoursPregnancy DiscriminationPregnant Workers Fairness Act
Client Alert

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

May 12, 2023The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will endClient Alert, Multimedia

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

May 10, 2023Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).Client Alert, Multimedia

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

May 10, 2023Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).Client Alert

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

May 5, 2023Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.Client Alert

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

May 5, 2023On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.
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