Delaware Governor Jack A. Markell has signed into law the Pregnant Workers Fairness Act, S.B. 212. This act require employers, with 4 or more employees to offer workplace accommodations to pregnant employees, and employees who have recently given birth.

The new law signed on September 9th, 2014 is effective immediately. As of this date employers in Delaware must provide pregnant employees with the same accommodations and benefits that are available to employees with injuries or disabilities.

Reasonable workplace accommodations may include, but are not limited to, acquisition of equipment for sitting; more frequent or longer breaks; periodic rest; assistance with manual labor; job restructuring; light duty assignments; modified work schedules; temporary transfers to less strenuous or less hazardous work; time off to recover from childbirth; or break time and appropriate facilities for expressing breast milk.

The new law also prohibits employers from denying a role to a pregnant applicant based on the need for workplace accommodations, forcing a pregnant employee to take paid or unpaid leave when a reasonable accommodation is available, and making changes to a pregnant employees work when not necessary.

If you have any questions, please let us know.

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