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August 1, 2021
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Louisiana employers will need to begin providing reasonable accommodations to employees who are impacted by pregnancy, childbirth, or related medical conditions. Previously, employers were only required to provide accommodations if they already provided accommodations to others who are similar in their ability or inability to work.
Act No. 393 of the 2021 Regular Session requires employers to provide specific accommodations, such as:
- Providing more frequent bathroom breaks;
- Providing more frequent, scheduled, or longer paid rest periods;
- Providing a private place other than a bathroom stall for lactation purposes;
- Modifying food or drink policies;
- Providing seating or allowing the employee to sit more frequently if the job typically requires the employee to stand;
- Providing assistance with manual labor and respecting weight-lifting limitations;
- Job restructuring or transfer to light duty or less strenuous vacant position, if qualified;
- Providing or modifying equipment necessary to provide essential job duties;
- Modifying work schedules.
Employers are prohibited from taking adverse action or discriminating against pregnant employees, such as terminating from employment, reducing compensation or other privileges of employment, or refusing to select workers for training programs that could lead to a promotion.
The statute also carries a new notice requirement. Employers will be required to post a notice regarding the new workplace rights by December 1, 2021, and to provide such information to employees at time of hire. The Louisiana Department of Labor is expected to create a poster for employer use.
- Train managers on handling requests for lactation accommodation.
- Have pregnancy disability and lactation accommodation policies updated.
- Prepare to display required posting when available and add to new hire document distribution packet.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
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