What You Need to Know About Reasonable Accommodations for Pregnant Employees By State

The accommodations available to pregnant employees may differ by state. Here are the reasonable accommodations for pregnant employees by state.

Details on the Pregnancy Disability Act

The Pregnancy Disability Act (PDA) prohibits employers with 15 or more employees from discriminating against employees based on pregnancy regarding all aspects of employment. However, specific states provide further protections for pregnant employees in the workplace. The following table contains special state provisions 30 states and the District of Columbia have adopted or passed through executive orders.

Related: What is Pregnancy Discrimination in California?

Reasonable Accommodations by State

State Provision Applicability Reasonable Accommodation Specifics
Alaska Applicable to state employers with at least 21 employees Public employers must transfer pregnant employees to less strenuous or hazardous positions upon employee request if the employee is qualified for the work and a licensed health care provider recommends the transfer. 
California Applicable to all public employers and all private employers with at least five employees Employers must provide reasonable accommodations to employees for reasons related to pregnancy, childbirth, or applicable medical conditions upon the advice of the employee’s physician. Prohibits employers with a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the disability’s duration from refusing to transfer a pregnant employee upon request.
Colorado Applicable to all employers Employers must provide reasonable accommodations upon request for an employee’s pregnancy-related health condition or physical recovery from childbirth unless accommodations would impose an undue hardship on the employer.
Connecticut Applicable to all employers with at least three employees Employers must reasonably attempt to transfer a pregnant employee to a temporary position if the employee’s current position has the potential to cause harm to the employee or pregnancy.
Delaware Applicable to all employers with at least four or more employees Employers must reasonably accommodate an employee’s known limitations regarding pregnancy, childbirth, or related conditions, including but not limited to the need to express breast milk unless accommodations would impose an undue hardship on the employer.
District of Columbia (D.C.) Applicable to all employers Employers must reasonably accommodate an employee’s known limitations regarding pregnancy, childbirth, or related conditions, including but not limited to the need to express breast milk unless accommodations would impose an undue hardship on the employer.
Hawaii Applicable to all employers Employers must provide reasonable accommodations to employees for reasons related to pregnancy, childbirth, or applicable medical conditions. 
Illinois Applicable to all employers Employers must provide reasonable accommodations for conditions related to pregnancy or childbirth upon employee request unless accommodations would impose an undue hardship on the employer.
Kentucky Applicable to all employers with at least 15 employees Employers must provide reasonable accommodations for employee limitations regarding pregnancy, childbirth, or related medical conditions, including but not limited to the need to express breast milk unless accommodations would impose an undue hardship on the employer’s program, enterprise, or business.
Louisiana Applicable to all employers with at least 25 employees Employers with an established policy, practice, or collective bargaining agreement granting the transfer of temporarily disabled employees to less strenuous or hazardous positions must offer the same transfer to a pregnant employee upon request, and the recommendation of the employee’s physician.
Maine Applicable to all employers Employers must provide reasonable accommodations for employee limitations regarding pregnancy, childbirth, or related medical conditions unless accommodations would impose an undue hardship on the employer.
Maryland Applicable to all employers with at least 15 employees Employers must exhaust all efforts to reasonably accommodate an employee disabled due to pregnancy upon employee request unless accommodations would impose an undue hardship on the employer.
Massachusetts Applicable to all employers with six or more employees Employers must reasonably accommodate an employee’s known limitations regarding pregnancy, childbirth, or related conditions, including but not limited to the need to express breast milk unless accommodations would impose an undue hardship on the employer.
Minnesota Applicable to all employers with at least 21 employees at any one site Employers must provide reasonable accommodations for employee limitations regarding pregnancy, childbirth, or related medical conditions upon employee request with the advice of a health care provider unless accommodations would impose an undue hardship on the employer.
Nebraska Applicable to all employers with at least 15 employees Employers must reasonably accommodate an employee’s known limitations regarding pregnancy, childbirth, or related conditions unless accommodations would impose an undue hardship on the employer.
Nevada Applicable to all employers with at least 15 or more employees Employers must reasonably accommodate an employee’s known limitations regarding pregnancy, childbirth, or related conditions, including but not limited to the need to express breast milk unless accommodations would impose an undue hardship.
New Jersey Applicable to all employers Employers must provide reasonable accommodations for employee limitations regarding pregnancy, childbirth, or related medical conditions upon employee request with the advice of a health care provider unless accommodations would impose an undue hardship on the employer.
New Mexico Applicable to all employers with four or more employees Employers must provide reasonable accommodations for an employee or job applicant possessing needs related to pregnancy, childbirth, or conditions related to pregnancy or childbirth.
New York Applicable to all employers with four or more employees Employers must provide reasonable accommodations to an employee’s pregnancy-related conditions unless accommodations would impose an undue hardship on the employer.
North Carolina Applicable to only state agencies the Governor has oversight responsibility Employers must provide workplace adjustments upon employee request to employees dealing with pregnancy, childbirth, or related medical conditions unless accommodations would impose an undue hardship.
North Dakota Applicable to all employers Employers must provide reasonable accommodations to pregnant employees unless accommodations would unduly disrupt or interfere with normal employer operations, threaten employee health or safety, contradict a business necessity, or impose an undue hardship on the employer.
Oregon Applicable to all employers with six or more employees Employers must provide reasonable accommodations to employees for known limitations related to pregnancy, childbirth, or related medical conditions, including but not limited to lactation unless the employer can demonstrate accommodations would impose an undue hardship on employer operations.
Rhode Island Applicable to all employers with four or more employees Employers must reasonably accommodate an employee’s known limitations regarding pregnancy, childbirth, or related conditions, including but not limited to the need to express breast milk unless accommodations would impose an undue hardship on the employer.
South Carolina  Applicable to all employers with 15 or more employees Employers must provide reasonable accommodations to pregnant employees for medical needs stemming from pregnancy, childbirth, or related medical conditions, including lactation unless accommodations would impose an undue hardship on the employer’s business. 
Tennessee Applicable to all employers with 15 or more employees Employers must provide reasonable accommodations to pregnant employees for medical needs stemming from pregnancy, childbirth, or related medical conditions unless the employer can demonstrate accommodations would impose an undue hardship on the business.
Texas Applicable to all municipal and county employers Employers must make a reasonable effort to accommodate an employee who a physician has determined is partially physically restricted due to pregnancy. The employee can receive alternative temporary work assignments if a physician certifies the employee cannot perform occupational duties due to pregnancy and alternative work is available in the same office.
Utah Applicable to all public employers and all private employers with 15 or more employees Employers must provide reasonable accommodations regarding pregnancy, childbirth, breastfeeding, or related medical conditions upon employee request unless accommodations would impose an undue hardship on employer operations.
Vermont Applicable to all employers Employers must provide reasonable accommodations for an employee’s pregnancy-related condition unless accommodations would impose an undue hardship on the employer.
Virginia Applicable to all employers with five or more employees Employers must provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, including lactation, unless accommodations would impose an undue hardship on the employer. 
Washington Applicable to all employers with 15 or more employees Employers must provide reasonable accommodations for an employee’s pregnancy or pregnancy-related condition unless accommodations would impose an undue hardship on employer operations.
West Virginia Applicable to all employers with 12 or more employees Employers must provide reasonable accommodations for employees who possess documented limitations a health provider certifies stem from pregnancy, childbirth, or related medical conditions unless accommodations would impose an undue hardship on the employer.

 

Related: Pregnant After Tubal Ligation: What to Do

All information is accurate as of April 18th, 2022. State statutes regarding reasonable accommodations for pregnancy are subject to change. States not listed may adhere to federal and state pregnancy anti-discrimination laws instead of passing explicit reasonable accommodation laws. An employee should consult the state website where the person works to find further information on the reasonable accommodations for pregnancy in the state of occupation.

Sources:

Reasonable Accommodations for Pregnant Workers: State and Local Laws

Pregnancy Discrimination and Accommodation Laws by State 

Pregnancy Accommodations in the States

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