Kentucky: New Pregnancy Accommodation Law Coming Soon

APPLIES TO

All Employers with 15 or more KY Employees

EFFECTIVE

June 27, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Action Items

  1. Read the full text of the Act here.
  2. Train managers on the interactive process for determining reasonable accommodations.
  3. Provide the required notice to existing employees by July 27, 2019, and to new hire employees going forward.
  4. Display required notice in a conspicuous location frequented by employees.
  5. 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.

© 2019 ManagEase

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