HR Paperwork - Policies and Procedures

Earlier this year, Massachusetts enacted the Pregnant Workers Fairness Act into law.  The law, which applies to employers with 6 or more employees, is effective April 1, 2018.  The act adds a new protected class to Massachusetts law, providing protection from discrimination in the workplace in relation to pregnancy, or a condition related to pregnancy.  This includes lactation, or the need to express breast milk for a nursing child.

The law prohibits employers from refusing to hire, or deny employment opportunities, to a pregnant woman or nursing mother who is capable of performing the essential functions of the position.

Employers will be required to provide reasonable accommodation to expectant and new mothers, if requested, as long as it would not cause the employer undue hardship. Examples of reasonable accommodation include:

  • more frequent or longer paid or unpaid breaks
  • time off to attend to a pregnancy complication or recover from childbirth with or without pay
  • acquisition or modification of equipment or seating
  • temporary transfer to a less strenuous or hazardous position
  • job restructuring
  • light duty
  • private non-bathroom space for expressing breast milk
  • assistance with manual labor
  • a modified work schedule

Employers must provide employees with written notice of their rights under the act, either in a handbook, pamphlet, or other means no later than April 1, 2018.  After April 1, 2018, employers must provide the notice to new employees at the commencement of employment.

If you have any questions, or if Pfautz Consulting Group, LLC can help you as you prepare to comply with the Massachusetts Pregnant Workers Fairness Act, please contact us.

Submitted by Deborah M. McCormick