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Utah recently passed a new law, which will be effective May
10, 2016, designed to provide additional workplace protections to
employees who are pregnant, breastfeeding and/or dealing with other
related conditions.
Under the new law, which amends the Utah state
anti-discrimination statute, employers with 15 or more employees
cannot refuse to provide a requested accommodation to an employee
on the basis of pregnancy, childbirth, breastfeeding, or "any
related condition," unless the requested accommodation would
create an "undue hardship" to the employer. The statute
defines an "undue hardship" as "an action that
requires significant difficulty or expense when considered in
relation to factors such as the size of the entity, the
entity's financial resources, and the nature and structure of
the entity's operation."
In many instances, an employer may require an employee to
provide a medical certification from the employee's health care
provider concerning the medical advisability of a requested
accommodation. In the medical certification, an employer is
entitled to information including: (i) the date that the
reasonable accommodation should begin; (ii) the probable duration
of the accommodation; and (iii) an explanation regarding why the
health care provider advises the accommodation. However, Utah
employers should note that they may not request a medical
certification if the employee's requested accommodation is for
more frequent restroom, food, or water breaks.
The new law also expressly states that an employer is not
required to permit an employee to bring her child to the workplace
for purposes of accommodating pregnancy, childbirth, breastfeeding,
or related conditions.
Employers will be required to post written notice of
employees' rights to reasonable accommodation "in a
conspicuous place in the employer's place of business" or
to include notice of such policy in their employee handbooks.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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