Tumwater, WA — The Washington State Department of Labor & Industries is beginning the rulemaking process to meet new requirements for pregnancy-related work accommodations, as directed by a recently enacted law.
Current state requirements for pregnancy-related accommodations, enforced by the Washington State Office of the Attorney General, apply to employers with 15 or more employees. However, under S.B. 5217, signed into law by Gov. Bob Ferguson (D) in May, the requirements apply to all employers in the state and will go into effect Jan. 1.
The law also transfers investigation and enforcement of violations responsibilities to L&I.
The law lists the following as common reasonable accommodations:
- Assistance with manual labor and limits on lifting
- Providing a temporary transfer to a less strenuous position
- Job restructuring or acquiring/modifying equipment at a pregnant employee’s workstation
- More frequent, longer or flexible restroom breaks
- Modifying a no food or drink policy
- Flexible schedule for prenatal and postpartum medical appointments
- Reasonable break time for workers to express breast milk for up to two years after a child’s birth
Failure to provide accommodations; taking adverse action against an employee who requests, declines or uses an accommodation; denying employment opportunities to a qualified employee; or requiring an employee to take leave if another reasonable accommodation can be provided will be considered an unfair practice.
