Pregnancy Accommodations Steps
A reasonable workplace accommodation is a modification or adjustment to an employee's work or environment that allows qualified employees who are pregnant or have a pregnancy-related medical condition to perform the essential functions of their job or enjoy equal benefits and privileges of employment.
- Discuss your condition with your medical provider to best understand how your condition may impact you.
- Determine what related needs or barriers you may encounter within the workplace, such as limitations to lifting, walking, time it takes to complete tasks, etc., and potential leave needs. If existing options or informal arrangements are available, it is recommended that it be documented by all parties.
- Complete the Access & Equity: EO Pregnancy Accommodation Request Form
Employee SpecificModifications, Adjustments, or Accommodations:
Equal Opportunity can assist in determining and providing reasonable workplace adjustments for pregnant Individuals, including, but not limited to:
- assistance with parking considerations
- communication and support for reasonable and appropriate breaks for standing, lactation, nursing, to use the bathroom, eat, and rest, etc.
- Workplace adjustments (i.e. change in workstation and seating equipment and/or relocation of workplace materials and equipment to make them more accessible)
- adjustment of uniforms and safety apparel
- modified work schedule, take leave or time off to recover from childbirth, be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
Leave:
The Office of Human Resources assists employees with applicable leave options. Leave options may include:
Family Medical Leave Act
| Paid Parental Leave
| Voluntary Shared Leave |
During Pregnancy
The Family and Medical Leave Act (FMLA) provides job-protected leave for prenatal care or when an individual who is pregnant cannot work because of the pregnancy. For adoptive or foster parents, the FMLA provides a right to take leave for required counseling, court appointments, and related travel before the foster care placement or adoption. Discrimination and harassment based on pregnancy for any aspect of employment, including hiring, firing, pay, promotions, training, and more, violates Title VII of the Civil Rights Act of 1964.
Birth and Bonding Time
The FMLA also provides a right to unpaid, job-protected leave for the baby’s birth or the placement of a child with adoptive or foster parents. This right is afforded not only for the birth but for an extended time to bond with the child within the first year after birth or placement.
Returning to Work and Lactation:
The University supports initiatives for nursing employees to express milk for up to one year after the child’s birth.
Private Space:
Nursing employees should be provided a private space that is secure, clean, and shielded from view for expressing milk. Such a space should not be located within a restroom or common area. If an employee has a private office, it may be used for this purpose. If a dedicated lactation room is not available, supervisors should consider reserving a conference room or converting an unused office or other room. The selected space should be clean, infrequently used, and easily adaptable. Ideally, the lactation location will include a chair, electrical outlet, small table or other flat surface, and a locking door.
Reasonable Break Time:
On average, nursing employees express breast milk for 20 minutes every three hours, not including travel time to and from the lactation room. Some nursing employees may need to express milk for longer periods or more frequently.
Lactation breaks may be taken during designated break periods. In general short breaks of 20 minutes or less must be counted as time worked.
20 minutes or less, the break is considered work time.
Employees who take a break longer than 20 minutes may need to either take time off or flex their workday with supervisor approval.
Employee Responsibility:
Employees are responsible for storing their expressed milk and providing their own personally labeled containers. While campus refrigerators may be used, it is important to note that the University cannot guarantee the safety of the milk.
- It’s important for employees to be aware of laws that protect them from discrimination or retaliation when they question employer practices or assert their rights. If they have concerns, they should report a concern to Equal Opportunity.
For more information
- Department of Labor What to Expect from Your Employer When You're Expecting
- The Pregnancy Discrimination Act of 1978 amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
- The Pregnant Workers Fairness Act requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.
- The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) (enforced by the U.S. Department of Labor), which broadens workplace protections for employees to express breast milk at work.
- Information regarding legal rights for Pregnant Workers under Federal Law is available through the US Equal Employment Opportunity Commission.
- Fair Labor Standards Act (FLSA) is a rule governed by the Wage and Hour Division, Department of Labor.