This document provides an overview of key laws and protections related to pregnancy, childbirth, and related medical conditions that employers and employees in New York State need to know. It covers anti-discrimination laws, reasonable accommodations, leave, and workplace protections. Additionally, this summary includes a list of agencies where employers and employees can get more information or employees can file complaints if they believe their rights have been violated.
By understanding these laws, employers can maintain compliance and foster an inclusive workplace, while employees can ensure their rights are protected.
1. What protections do employees have against discrimination and harassment related to pregnancy?
Employers cannot discriminate based on pregnancy, childbirth, or related medical conditions.
Pregnancy discrimination means taking any negative action against an employee because the employee is pregnant, intends to become pregnant, recently was pregnant, or recently gave birth. Examples of negative actions include termination, demotion, unwanted transfer, denial of overtime, unwanted reduction of work schedule, harassment, etc. These protections also apply to employees who have had or are considering having an abortion or have experienced a miscarriage. Discrimination, harassment, or retaliation for these reasons is prohibited.
2. What are pregnancy related conditions and needs?
Pregnancy-related conditions are medical conditions related to pregnancy or childbirth that may inhibit normal bodily functions and can be identified through medically accepted clinical or laboratory diagnostic techniques, including those related to lactation. Employees experiencing a medical condition related to pregnancy or childbirth are entitled to the same consideration and accommodations as those with other medical needs.
Employers must provide reasonable accommodations for any medically advised needs or restrictions associated with pregnancy or childbirth. All information regarding the employee’s condition or needs must be kept confidential and maintained separately from other personnel records to ensure privacy.
3. What are pregnancy related reasonable accommodations?
Reasonable accommodations (RAs) for pregnancy-related needs are designed to ensure that employees can perform their job duties in a reasonable manner while addressing medical or physical requirements associated with pregnancy. Examples of RAs include:
- Allowing occasional breaks for pregnancy-related needs
- Making minor modifications to enable the employee to sit instead of stand when necessary
- Reassigning the employee to an available position or providing light-duty work
- Adjusting work schedules to accommodate medical appointments or other pregnancy-related needs
- Granting leave for medical reasons related to pregnancy
- Making the worksite accessible, modifying or purchasing equipment, or restructuring the job to meet pregnancy-related needs
- Granting time off or scheduling flexibility for abortion care, recovery, or related medical appointments
RAs must not impose more than a minimal expense on the employer while enabling the employee to continue performing their essential job duties effectively.
4. What are the special rules for pregnancy related leaves?
Eligible employees may take up to 12 weeks of partial pay or unpaid leave within a one-year period. This leave is available for medical conditions related to pregnancy and childbirth, as well as for bonding with a child during their first year. Employers are prohibited from discriminating against, harassing, or retaliating against employees for requesting or using pregnancy-related leave.
5. What are the special rules for prenatal related leave?
Employees can take up to 20 hours of paid leave within a 52-week period for healthcare services during and related to pregnancy. This leave can be taken in hourly increments and is available immediately without any accrual requirements.
6. What are the requirements for providing lactation accommodations for employees?
Paid Lactation Breaks: Employees are entitled to 30-minute paid lactation breaks each time they have a reasonable need, for up to three years following childbirth.
Private Space: Employers must provide a separate private room or space (other than a restroom) for lactation purposes.
Additional Time: If the time needed exceeds 30 minutes, employees may use their paid break time or unpaid mealtime.
Notification Requirement: Employees must notify their employer of their need for lactation accommodations.
Employer Response: Employers are required to respond in writing to the request within five business days.
7. Are there specific protections related to abortion?
Employees in New York are protected from discrimination, harassment, or retaliation for having an abortion or related care. While there is no specific leave law for abortion, New York’s prenatal leave protections may cover paid time off for the procedure itself. Employees can also use accrued sick leave for any physical or mental health needs following an abortion, even without a formal diagnosis.
Employers cannot require employees to share private medical details or explain the reason for using sick leave, including in cases related to abortion. Documentation may only be requested if the leave lasts three or more scheduled workdays, and even then, it cannot include the nature of the condition unless required by law.