Recent surveys indicate that women are working much later into their pregnancies than before. Many of these women are highly educated and trained employees. According to recent surveys, approximately eight out of ten pregnant women continue working through to the eighth month of their pregnancy. As an employer, it is important to recognize that federal law mandates that you accommodate your pregnant workers in accordance with the Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA).Pregnancy in the WorkplaceWhile pregnancy is not considered a disability, many pregnancy-related conditions are considered disabilities. The PDA requires employers to make modifications or accommodations to a pregnant worker’s job in a manner similar to those provided to a disabled employee. This could include adjusting job-related duties, providing additional breaks, or implementing lifting limitations and other safety procedures. Pennsylvania state laws also dictate that employers are responsible for providing “reasonable” accommodation for employees “who have a disability due to pregnancy or childbirth.”Pregnancy accommodations may include: Longer or more frequent work breaks for restroom use, nausea, and vomiting Private rest area to lie down during breaks Modified policy to allow eating/drinking at workstation Flexible schedule and leave time Ergonomic workstation design Limit overtime Provide close parking and/or designated parking space Limit walking long distance Allow to work from home Limit lifting and other physically demanding responsibilities Limit traveling distancesIf a pregnant employee regularly works with hazardous materials, employers should contact the Occupational Safety and Health Administration (OSHA) for information regarding safety risks for pregnant workers and disclose these risks to the employee. Accommodations should be made accordingly.As long as an employee is able to perform her job duties, employers are not allowed to force a pregnant employee to take leave prior to giving childbirth.Nursing in the WorkplaceAccording to The Patient Protection and Affordable Care Act section of the Fair Labor Standards Act (FLSA), covered employers are required to accommodate employees who are nursing. As long as the employee is eligible for FLSA, employers must provide breaks for the employee to express breast milk. These nursing mothers must also be provided a location within the workplace, other than a bathroom, for nursing breaks. The location must be private and shielded from view of coworkers and the public. These breaks must be provided for one year after the child’s birth.Nursing mothers are entitled to accommodations similar to those provided to employees for sick-leave and time-off in connection with illness or routine doctor appointments. Employers must provide nursing mothers with similar flexibility to adjust their schedules or use sick leave for their lactation-related needs.Nursing accommodations may include: Reasonable break times Private location to express breast milk Access to refrigerator and secure place to store milk Allow a flexible schedule and/or allow to work from homeGiven the trend of women remaining in the workplace longer into their pregnancies and returning to the workplace following the birth of their child, employers need to be aware of their obligations under both federal and state law. Having policies in place to provide the necessary accommodations in compliance with these laws is critical to avoiding potential lawsuits and civil liability for violation of these women’s rights. Further, being proactive in implementing these policies will likely have a positive impact on employee retention and workplace morale.Attorney Loren L. Speziale frequently counsels businesses on their employment policies in an effort to limit risk and avoid costly court actions. If you have questions on the federal laws summarized above or any other employment matters, contact Loren at lspeziale@steve.framework30a.com or 610-820-5450.