“An Employer’s Compliance Guide to Pregnancy Accommodation"
In an article published on Jan. 29, 2018, in HR Dive, Anandhi Rajan, an Atlanta-based partner at Swift Currie, provides insight into the compliance steps that employers should follow when an employee goes on maternity leave. The article advises employers to be cautious since the U.S. Supreme Court was careful not to grant pregnancy a more “favored” status. “You just have to treat her the same as any non-pregnant employee,” Rajan says of pregnant employees. Medical conditions arising from pregnancy also can result in an employee being protected under the Americans with Disabilities Act. “That means employees may be entitled to accommodations during pregnancy; this can include leave, even if the (Family and Medical Leave Act) requirements haven’t been met. And if something happens during or after birth, that also could trigger ADA protections — including further leave beyond FMLA, if needed,” Rajan explains.
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