*By Helena Oroz
In May 2013, Maryland Governor Martin O’Malley signed into law HB 804, Reasonable Accommodations for Disabilities Due to Pregnancy. The law, which amends Maryland’s Fair Employment Practices Act, takes effect today, October 1, 2013.
In general, the new law requires Maryland employers with 15 or more employees to provide accommodations to an employee with a disability caused by or contributed to by pregnancy, unless the accommodation would impose an undue hardship on the employer’s business.
If an employee requests a reasonable accommodation under the law, the employer must explore “all possible means” of providing the accommodation with the employee, including (1) changing the employee’s job duties; (2) changing the employee’s work hours; (3) relocating the employee’s work area; (4) providing mechanical or electrical aids; (5) transferring the employee to a less strenuous or less hazardous position; or (6) providing leave. The law also establishes specific rules for transfer requests. The text of the law can be found here:
http://mgaleg.maryland.gov/2013RS/bills/hb/hb0804t.pdf.
Employers may require a pregnant employee to submit certification from her healthcare provider explaining the medical advisability of a reasonable accommodation if the employer requires such certification for other temporary disabilities. The certification must include (1) the date the reasonable accommodation became medically advisable; (2) the probable duration of the accommodation; and (3) an explanation of the medical advisability of the accommodation.
Finally, Maryland employers “shall post in a conspicuous location, and include in any employee handbook, information concerning an employee’s rights to reasonable accommodations and leave for a disability caused or contributed to by pregnancy.”
The Maryland Commission on Civil Rights recently issued a guidance document concerning the new law that can be found here:
http://mccr.maryland.gov/publications/Reas.%20Acc.Preg.Guidance.09.09.13.pdf.
Unfortunately, the Commission does not yet offer much in the way of guidance, beyond restating key provisions of HB 804. The Commission also made clear in this guidance document that it will not be issuing a poster until some point in the future, and that employers should consult legal counsel with respect to their posting and handbook requirements.
Maryland’s new law creates additional burdens for employers beyond those required under federal law. Covered employers should carefully review their obligations under the new law when responding to employees requesting accommodations related to their pregnancy. Maryland employers should also ensure that they comply with the law’s posting and handbook requirements. Until the Maryland Commission on Civil Rights issues an official poster or more specific handbook guidance, employers are on their own.
*Helena Oroz practices in all areas of employment litigation and has extensive experience helping employers comply with pregnancy-related issues, including reasonable accommodations and leave. For more information or for assistance with your posting and handbook obligations, please contact Helena (hot@zrlaw.com) at 216.696.4441.
