Kentucky: New Pregnancy Accommodation Law Coming Soon

Earlier this year, the Kentucky legislature passed the Kentucky Pregnant Workers Act (the Act), building on federal anti-discrimination protections for pregnant workers and adding new requirements for accommodations.  Under the Act, covered employers are required to provide reasonable accommodations with regard to pregnancy, childbirth, or related medical conditions.

Examples of reasonable accommodations include things like providing more frequent or longer breaks, appropriate seating, modified work schedule, job duties, or job restructuring, private space other than a bathroom to express breast milk, or more time off to recover from childbirth.

Additional provisions of the Act implement a few employer requirements that complement the need to provide reasonable accommodations: (1) employees cannot be required to go on a leave of absence if a reasonable accommodation can be provided instead; (2) employers and employees must undergo a good faith interactive process to determine what reasonable accommodations can be provided; and (3) if an employer has provided, typically provides, or is required to provide a similar accommodation to any other class of employees, it will be assumed that such accommodation does not pose undue hardship on the employer.

Lastly, the Act includes a posting requirement.  Employers must display a written notice regarding the Act in a conspicuous place, provide notice to existing employees within 30 days of the Act’s effective date, and provide notice to any new employees at time of hire.