|
Getting your Trinity Audio player ready...
|
Navigating pregnancy protections in healthcare can be complex. Learn how to support employees while staying compliant.
Healthcare employers face distinct challenges in meeting their legal obligations to protect pregnant employees, especially given the hazards of the work environment. From preventing discrimination to ensuring safety, understanding these requirements is essential to compliance and creating a supportive atmosphere.
Protections Under Federal Law
The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees and covers all aspects of employment, including hiring, pay, job assignments, and training.
The PDA also requires employers to treat a pregnant employee who is temporarily unable to perform their job the same as any other employee with a temporary disability. For example, if an employer offers alternative assignments to a temporarily disabled employee, they must extend similar options to a pregnant employee in comparable circumstances.
The Americans with Disabilities Act (ADA)
While pregnancy itself is not considered a disability under the ADA, certain pregnancy-related conditions—such as gestational diabetes or preeclampsia—may qualify as disabilities. The ADA defines a disability as a physical or mental impairment that “substantially limits” a major life activity, a history of such impairment, or being regarded as having such an impairment.
Employers with 15 or more employees must provide reasonable accommodations to disabled employees as long as those accommodations do not impose an “undue hardship” on the business. Reasonable accommodations may include adjustments to the employee’s workflow, assignments, or environment. For example, this could mean providing a seated workstation for an employee who typically works while standing.
Importantly, not every cost incurred constitutes an undue hardship. When multiple accommodations are equally effective, the employer may choose which option to implement.
The Patient Protection and Affordable Care Act (PPACA)
The PPACA includes protections for breastfeeding employees. Under Section 4207, employers must provide reasonable break time for hourly employees to express breast milk during the first year after the child’s birth. Employers must also provide a private space—other than a bathroom—where employees can take breaks as often as needed.
This provision does not apply to employers with fewer than 50 employees if compliance would cause an undue hardship. However, breaks for breastfeeding employees are unpaid unless otherwise required by state law or company policy.
National Institute for Occupational Safety and Health (NIOSH) Guidelines
The National Institute for Occupational Safety and Health (NIOSH), a leading authority on workplace safety, provides detailed guidance for protecting pregnant employees. NIOSH highlights that general workplace safety protocols are typically developed with non-pregnant employees in mind, and protections may need to be adjusted for pregnant workers.
For example, pregnant employees and their unborn children are more vulnerable to chemical or metal exposures, which can be dangerous even at levels deemed safe for non-pregnant employees. Additionally, standard personal protective equipment (PPE) is often not designed to fit pregnant individuals properly, leaving them vulnerable or uncomfortable.
Protections Under State Law
While federal laws establish a baseline for pregnancy protections, many states go further by offering broader coverage, additional leave, and more explicit accommodation requirements.
For example:
- Illinois and Wisconsin extend protections to employers with one or more employees, offering broader coverage than federal law, which applies to employers with 15 or more employees.
- California and New York provide more generous leave entitlements for pregnancy-related conditions than federal standards.
Federal requirements under the PDA do not override state laws that provide additional safeguards. In California Federal Savings and Loan Association v. Guerra, the Supreme Court upheld a California law requiring four months of unpaid pregnancy leave. The Court ruled that Congress intended the PDA to establish a “floor” for protections—not a “ceiling.” This means employers must comply with state and local laws that exceed federal requirements.
Next Steps
With these laws and guidelines in mind, healthcare employers may ask: Where should we start? Here are a few key steps to ensure your workplace supports and protects pregnant employees.
Identify Obvious Workplace Hazards
Start by assessing your workplace for potential hazards, such as:
- Chemical, metal, and radiation exposure
- Infectious disease risks
- Noise and stress levels
- Prolonged sitting or standing
- Length of shifts
- Heavy lifting of patients or objects
- Ill-fitting personal protective equipment (PPE)
- Wet floors in disinfectant areas
Review Relevant Authority
After identifying hazards, review applicable federal, state, and local laws. In addition to the PDA, ADA, and PPACA, familiarize yourself with Occupational Safety and Health Administration (OSHA) guidelines. Consulting a healthcare attorney can also help ensure compliance with state-specific regulations.
Consider a Health Hazard Evaluation
Even the most diligent employers may benefit from an external review. NIOSH offers free Health Hazard Evaluations to identify risks such as chemical exposure, noise, biological agents, and workplace stress. Following the evaluation, NIOSH provides a detailed report with recommendations to improve workplace safety.
Establish and Communicate Your Plan
Once you’ve identified hazards and created an action plan, communicate it clearly with employees. Open and honest communication about safety protocols and available accommodations builds trust and eases concerns.
Get Legal Support
Understanding and implementing these protections can help healthcare employers support pregnant employees while ensuring workplace safety. With diligence and thoughtful planning, employers can create an environment that is safe, comfortable, and healthy for both employees and their unborn children.
If you need guidance navigating federal, state, or local laws or creating compliant workplace policies, our experienced healthcare attorneys are here to help. If you’re in one of the states where we have licensed attorneys, contact us today to schedule a consultation and ensure your workplace meets all legal requirements while supporting your team.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
