If you have not taken steps to comply with the Pregnant Workers Fairness Act (“PWFA”), you are already in violation of the statutory mandate related to required postings. Specifically, all employers with six or more employees were required to provide a notice as of April 1st to all employees (either in an Employee Handbook, stand-alone policy, or other written means) setting forth employee rights under the PWFA, including rights to be free from discrimination and to an accommodation. In addition to this initial notice, employers are required to provide the same notice to all new employees at date of hire on a going-forward basis, as well as to any pregnant employee or employee with a pregnancy-related condition within 10 days of the employer being notified by the employee of the pregnancy or pregnancy-related condition, including but not limited to lactation or the need to express breast milk for a nursing child.
If you need any assistance in drafting an appropriate notice for distribution, please contact any member of Mirick O’Connell’s Labor, Employment & Employee Benefits Group.