Your Nanny is Pregnant. Are You Following the Law?

The Massachusetts Pregnant Workers Fairness Act becomes effective on April 1 making Massachusetts one of 22 states, the District of Columbia, and several cities that have passed laws requiring employers to provide reasonable accommodations for pregnant workers.

As a household employer, you may be required to follow the “reasonable accommodations” laws in your state or city.

Details of the laws vary from state to state, however, they share a few core principles:

• Employers must make reasonable accommodations for pregnant workers and those with limitations due to childbirth or related conditions (may include lactation, breastfeeding, need to express breast milk, and more)
• Employees can’t be pushed out of their jobs because they are pregnant
• Employers can’t suffer undue hardships by providing these reasonable accommodations
• Written notice of these rights must be provided to employees and posted in the place of business (in a domestic employer’s case this would be their home) in an area accessible to employees

Bottom line, if your nanny or housekeeper becomes pregnant, they shouldn’t fear that they will lose their job because of their pregnancy.

You will also want to check if your state has paid leave programs that could include household employees such as New York’s Paid Family Leave.

And follow common-sense practices to prevent discrimination in your home.

Here are the states and cities where you may be required to provide reasonable accommodations for a pregnant employee:

Alaska

Public employers only.

California

Applies to employers with five or more employees regardless of the length of employment or hours worked. Reasonable accommodation must be granted upon the advice of the employee’s health care provider. Employers are prohibited from retaliating against employees for exercising their rights under the law.

Colorado

Applies to all employers. Employees are eligible regardless of tenure or hours worked. The employee may be required to provide a note from a licensed health care provider before a reasonable accommodation for a pregnancy-related health condition or physical recovery from childbirth is granted.

Connecticut

Applies to employers with at least three employees. Employees are eligible regardless of tenure or hours worked.

Delaware

Applies to employers with at least four employees. Employees are protected regardless of tenure and the number of hours worked. Reasonable accommodations must be made for an employee’s known limitations due to pregnancy, childbirth or related conditions, including the need to express breast milk.

District of Columbia

Applies to all employers. An employer may require a certificate from their employee’s health care provider. Reasonable accommodations must be made for an employee’s known limitations due to pregnancy, childbirth or related conditions, including the need to express breast milk.

Hawaii

Applies to all employers. Employees are eligible regardless of tenure or hours worked. Employers are prohibited from retaliating against employees for exercising their rights under the law.

Illinois

Applies to all employers. Employees are eligible regardless of tenure or hours worked. An employer may request documentation from the employee’s health care provider.

Louisiana

Applies to employers with at least 25 employees.

Maryland

Applies to employers with at least 15 employees.

Massachusetts

Applies to employers with six or more employees.

Minnesota

Applies to employers with at least 21 employees at any one site.

Nebraska

Applies to employers with at least 15 employees.

Nevada

Applies to employers with at least 15 employees.

New Jersey

Applies to all employers. Employees are protected regardless of tenure and the number of hours worked. Female employees who are pregnant, recovering from childbirth or have medical conditions related to pregnancy or childbirth may request accommodation based on advice from their physician.

New York

Applies to employers with at least four employees. Employees are protected regardless of tenure and the number of hours worked. Employees can be provided with reasonable accommodations if they have a known medical condition related to childbirth or pregnancy. An employer can request information to verify the existence of the pregnancy-related condition.

New York City

New York City’s law is very similar to state law.

North Dakota

Applies to all employers.

Pennsylvania

Philadelphia

The city’s “reasonable accommodations” law applies to any employer who employs at least one non-relative. Workers are protected regardless of tenure and the number of hours worked.

Rhode Island

Applies to employers with at least four employees. Workers are protected regardless of tenure and the number of hours worked. Reasonable accommodations must be granted to employees, upon request, for conditions related to pregnancy, childbirth or related medical conditions, including the need to express breast milk.

Central Falls, Rhode Island

The local law, which supersedes state law, requires all employers to reasonably accommodate an employee’s pregnancy, childbirth or related condition.

Texas

Applies to municipal and county employers

Utah

Applies to all private employers with at least 15 employees and all public employers. An employer may require certification from the employee’s health care provider.

Vermont

Applies to all employers. Employees who have limitations in their ability to work caused by a pregnancy, childbirth or a medical condition related to pregnancy or childbirth should be provided reasonable accommodations unless it would impose an undue hardship on the employer.

Washington

Applies to employers with 15 or more employees.

West Virginia

Applies to all employers with at least 12 employees.