MA: Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act went into effect April 1, 2018, meaning Massachusetts employers are now required to distribute certain notices, update policies, and provide training for management regarding the Act.

In addition, employers must provide pregnant or nursing employees with “reasonable accommodation”, which may include longer breaks, a private space for expressing breast milk, and a modified work schedule.

JD Supra provides the following examples:

  • More frequent or longer breaks. According to the Massachusetts Commission Against Discrimination’s (MCAD) interpretive Q&As, these breaks may be paid or unpaid. However, if the employer allows paid breaks for other reasons, employees must be allowed to use those paid breaks to breastfeed or express milk.
  • Time off to attend to a pregnancy complication or recover from childbirth, with or without pay.
  • Acquisition or modification of equipment or seating.
  • Temporary transfer to a less strenuous or hazardous position.
  • Job restructuring.
  • Light duty.
  • Private non-bathroom space for expressing breast milk.
  • Assistance with manual labor.
  • A modified work schedule.

For more details on these employer obligations, please click here.

The information included in this blog post originally appeared in an article in JD Supra on May 15, 2018, written by Daniel Long of Foley & Lardner LLP.

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