Federal regulations proposed last week could significantly change how schools accommodate pregnant employees.
The rules, which would implement the Pregnant Workers Fairness Act, would expand rights for the teaching workforce — which is predominantly women — as well as all other pregnant district employees. The law went into effect June 27.
Notably, part of the expanded rights for pregnant employees may include being excused from performing one or more essential functions of their job for up to 40 weeks during their pregnancy, and an additional 40 weeks to one year after returning to work — for a potential total of nearly two years, when leave to recover after childbirth is included.
The U.S. Equal Employment Opportunity Commission is asking stakeholders to weigh in on whether the latter 40 weeks should be expanded to one year.
“I think that’s going to catch a lot of schools off guard,” said attorney Mark Phillis of labor and employment law firm Littler Mendelson. Phillis has counseled employers on workplace accommodations for over 25 years. “It is going to require school administrators to think more creatively about potential accommodations, and to see if there are ways that they may be able to accommodate an employee who can’t do one of the key roles that they have in the workplace.”
For example, janitorial or other support staff may not have to do heavy lifting or move materials even if it could be considered a core part of their job. In another scenario, districts...
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