Oregon Offers Workplace Accommodations for Pregnant Workers

State Update Overview

The Oregon Family Leave Act currently provides 12 weeks of protected leave to eligible employees. In the case of pregnancy disability, an employee could also qualify for up to an additional 12 weeks of leave. Beginning January 1, 2020, employers with 6 or more employees will also need to provide reasonable accommodations for employees with pregnancy related conditions.

The new House Bill 2341 makes it unlawful for an employer to:

• Deny employment opportunities to an individual based on the need to reasonably accommodate known limitations relating to pregnancy, childbirth or a related medical condition, including but not limited to lactation.
• Fail or refuse to reasonably accommodate these known limitations, unless the accommodation would impose an undue hardship.
• Take an adverse employment action, discriminate, or retaliate because the applicant or employee has inquired about, requested, or used a reasonable accommodation.
• Require an individual to accept a reasonable accommodation that is unnecessary to perform the essential duties of the job.
• Require an individual to take family leave, or any other leave, if the employer can first make reasonable accommodation to the known limitations.

All businesses within the State of Oregon must display the new Workplace Pregnancy Accommodations Notice along with other state-mandated posting requirements where it is sufficiently accessible and viewable to all employees. This change has been reflected in our Oregon & Federal Labor Law Poster and does require an immediate update. Failure to meet compliance and display the updated poster could result in fines.

In addition, this notice must be given to personally given to:

• • New employees at the time of hire.
  • Existing employees by June 29, 2020.
  • Any employee who informs the employer of the employee’s personal pregnancy, within 10 days.

Order the Oregon Labor Law Poster to immediately include this required update.