An employer may only take adverse action against a pregnant employee for failure to perform her job due to pregnancy-related performance issues if the employer has first made every reasonable accommodation to the needs of the employee, yet she is still not able to perform the essential functions of her job.
Examples of such accommodations may include allowing time off from work for doctor appointments; allowing the pregnant employee to sit instead of stand while working; excusing from or providing assistance for lifting tasks; reassigning the pregnant employee to a light-duty and/or other vacant position; allowing more frequent breaks or rest periods; and allowing the pregnant employee to take sick leave.
Reasonable leave required. Disability due to and resulting from pregnancy, childbirth, or related medical conditions must be considered by the employer to be justification for leave, with or without pay, for a “reasonable” period of time.
What constitutes a “reasonable period of time” is determined by the employee’s physician, with regard for the ...