Under a new law in Utah, generally applicable to employers with 15 or more employees, an employer may not:
- Refuse to provide reasonable accommodations for an employee related to pregnancy, childbirth, breastfeeding, or related conditions:
- If the employee requests a reasonable accommodation; and
- Unless the employer demonstrates that the accommodation would create an undue hardship on its operations;
- Require an employee to terminate employment if another reasonable accommodation can be provided for the employee’s pregnancy, childbirth, breastfeeding, or related conditions-unless the employer demonstrates that the accommodation would create an undue hardship on its operations; or
- Deny employment opportunities to an employee, if the denial is based on the need of the employer to make reasonable accommodations related to the pregnancy, childbirth, breastfeeding, or related conditions of an employee-unless the employer demonstrates that the accommodation would create an undue hardship on its operations.
The law contains additional provisions, including (but not limited to) the following:
- An employer may generally require an employee to provide a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation. (Note: Such certification must include certain requirements.)
- However, an employer may not require an employee to obtain a certification for more frequent restroom, food, or water breaks.
- An employer is not required to permit an employee to have the employee’s child at the workplacefor purposes of accommodating pregnancy, childbirth, breastfeeding, or related conditions.
- An employer must include in an employee handbook-or post in a conspicuous place in its place of business-written notice concerning an employee’s rights to reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions.
The law is effective May 10, 2016. Click here to read the text of the law.
To review other state laws specific to Utah, visit the State Laws section, click on Utah, and choose your topic of interest from the left-hand navigation menu.
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