For decades, employers have applied the usual FMLA rules for an employee who cannot work because of limitations due to pregnancy. When these limitations render a pregnant employee unable to work, the employer has always had the right to obtain medical certification to confirm the limitation and the employee’s need for leave from work.

When

Join me for my annual webinar in which I cover the key issues of the day. Unless you prefer to pay me, this webinar comes to you free of charge.

When: Wednesday, December 13, 2023 (12:00 – 1:15 p.m. central time)

Online registration: Click here

This year, we’re talkin’ pregnancy accommodations.

Managing employee accommodation

Today has arrived.

Though several states beat Congress to the punch, as of today, employers are required under the Pregnant Workers Fairness Act (PWFA) to provide reasonable accommodations to employees who are limited from working due to pregnancy and childbirth.

I provide an overview of the PWFA below, but first, please join me for a

Parental leave policies are on the rise.

Maternity. Paternity. Caregiver. You name it. I am drafting more of these policies than ever before.

So, you can imagine my interest when, last year, the EEOC sued skin care/fragrance behemoth Estée Lauder, claiming that its parental leave policies discriminated against men. According to the EEOC at

Netflix. Google. Proctor & Gamble. Accenture. IKEA. Greensboro, North Carolina. What do these have in common?

They are employers.

And they offer their employees paid parental leave.

As I reflect upon the year 2016 (picture me meditating in my hyperbaric FMLA chamber I retreat to every evening), I’ve been poked and prodded about

AA6JDB memo note on notebook I m pregnant

Doris worked for the Chipotle restaurant chain. And she was pregnant. After she announced her pregnancy to her supervisor, Doris claimed her boss began monitoring her bathroom breaks (then berated her for taking too long), required her to “announce” her bathroom breaks to others, prohibited her from taking shift breaks, denied access to water, and

eeocLast week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace.  Our presentation was part of an outstanding FMLA/ADA compliance conference hosted by the Disability Management Employer Coalition. You can access Bloomberg BNA’s coverage of our