Maryland Requires Accommodations for Disabilities Due to Pregnancy

Under the new law, employers must provide certain reasonable accommodations to pregnant employees as long as it does not pose an undue hardship to do so. Employers must “explore” with the
employee all possible means of providing a reasonable accommodation, 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 hazardous position, or 
(6) providing leave.

If an employee requests a transfer to a less strenuous or less hazardous  position as a reasonable accommodation, an employer must transfer the employee if (1) the employer has a policy, practice or collective bargaining agreement requiring or authorizing the transfer of a temporarily disabled employee to a less strenuous or less hazardous position for the duration of the disability; or (2) the employee’s health care provider advises the transfer and the employer can do so without:

(a) creating a new position it would not otherwise have created; 
(b) discharging another employee; 
(c) transferring any employee with more seniority than the employee requesting the accommodation; or (d) promoting any employee who is not qualified to perform the job. 

Employers may require pregnant employees seeking an accommodation to submit a medical certification that includes the date the reasonable accommodation became medically advisable, the probable duration of the accommodation, and an explanatory statement as to the medical advisability of the accommodation.

The law also requires that employers post notices and update employee handbooks with information on an employee’s right to a reasonable accommodation or leave on account of a disability caused or contributed to by pregnancy.

The Maryland Commission on Civil Rights has announced that although the law does not direct the Commission to create a poster, the Commission will create a poster in the near future.  We will alert clients once our poster vendor has received the new poster from the Commission at which point clients may order a poster on My TotalSource.

In the interim, clients may use the following model policy to comply with the policy and posting requirement.   We recommend that clients distribute and that employees specifically acknowledge receipt of the policy (clients should insert an employee signature line and date field) and that the policy be posted in a conspicuous location (e.g. the same area as other posters required under state and federal law).  Clients may simply copy and paste the policy language below.  Our Basic Employment Policies and handbook policies will be updated in the near future.

In compliance with Maryland law, if a pregnant employee requests an accommodation for a disability caused or contributed to by pregnancy, the Company will explore reasonable accommodations with the pregnant employee, and it will endeavor to provide a reasonable accommodation unless doing so would impose an undue hardship on the Company.

•Such accommodations may include: 

•changing the employee’s job duties;

•changing the employee’s work hours,

•relocating the employee’s work area;

•providing mechanical or electrical aids;

•transferring the employee to a less strenuous or less hazardous position; or

•providing leave.

The Company may require an employee to provide a certification from the employee’s health care provide concerning the medical advisability of a reasonable accommodation to the same extent a certification is required for other temporary disabilities. 

A certification should include: 

(i) the date the reasonable accommodation became medically advisable; (ii) the probable duration of the reasonable accommodation; and (iii) an explanatory statement as to the medical advisability of the reasonable accommodation.

Employees with questions or concerns regarding this policy or who would like to request an accommodation should contact their manager.

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