You’re a manager of a busy department. A job offer has been extended to a great applicant, and she calls to accept the position. She asks specifics about the benefits package your company offers and then about maternity leave because she is pregnant.

You aren’t sure how to handle this any further. You didn’t know she was pregnant, and your company does not have a policy specific to Maternity Leave. You decide to reach out for HR guidance.

The way this is handled may make the difference between a successful new hire and a pregnancy discrimination claim filed against the company.

Here are some tips to help navigate pregnancy in the workplace:

• Do not renege an offer of employment (or terminate an existing employee) because the individual is pregnant. The Pregnancy Discrimination Act prohibits this action and applies to all employers with 15 or more employees. The Department of Labor (DOL) also outlines protections for workers who are pregnant or nursing.

• Do not assume that a pregnant applicant (or employee) is unable to do a job.

• Sometimes an employer may think they are acting in the best interest of the applicant/employee by reassigning or offering a less strenuous or taxing job. Employers today cannot base employment decisions on assumptions about pregnant womens’ health concerns or capabilities.

• While, as a whole, an employer is not usually required to offer a separate Maternity Leave, most companies have some personal leave for medical reasons. For companies with 50 or more employees within a 75- mile radius, the Family Medical Leave (FMLA) is offered to employees that have completed one year and 1,250 hours of service for up to 12 weeks of leave for the birth and bonding with the child. However, FMLA does not apply to employees of companies with under 50 employees. So, the employer must develop their own policy.

• Engage in an interactive process and discuss any limitations the individual might have performing essential job functions because of her pregnancy, and what accommodations can be made.

• A doctor’s note stating there is a medical condition that may limit a job function may need to be provided. If it’s a reasonable request, does not create an undue burden on the business, and allows the worker to do the essential functions of their job with reasonable accommodation, you should accommodate that request.

• Document all discussions with pregnant individuals relating to the interactive process and possible accommodations.

• Review any documents you receive on any limitations and respond in writing with accommodations that the company can provide. Remote work, modified work schedule, or breaks for comfort or lactation purposes are just a few that come to mind.

• Assure the pregnant applicant/employee that the company complies with all federal and state laws regarding pregnancy leaves. (Please check any state regulations or special leaves offered in your state for pregnancy or disability.)

Summary:

Finding qualified applicants and keeping employees that excel at their jobs is not an easy task. Given that, according to a recent Department of Labor report, approximately 85% of working women will become mothers at some point during their careers, employers should keep the lines of communication open with pregnant workers about what types of support they need and retain great employees.

Reach out to your FrankAdvice HR Consultant for guidance as needed.