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February 10, 2014

New Philadelphia law requires accommodations for pregnant employees

Thumbnail image for philadelphia.jpgLate last month, Philadelphia Mayor Michael Nutter signed this bill, which requires reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.

As noted in this prior post about Philadelphia's new law, reasonable accommodations would include, but are not limited to, restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring.

An employer can avoid having to provide a workplace accommodation, but will have the burden of proving "undue hardship." The "undue hardship" factors generally mirror those found in the Americans with Disabilities Act and revolve around the cost of the accommodation and the employer's overall financial resources.

Philadelphia's new pregnancy accommodation law went into effect when Mayor Nutter signed the bill. Within 90 days, local employers will have to post notice of the new law in the workplace. The City is in the process of preparing that notice.


July 1, 2011

An employer blueprint for how to screw up at-will employment

Promise?photo © 2007 Carmella Fernando | more info (via: Wylio)

In most states, absent a contract of employment, an employee is considered at-will (i.e., he or she can be fired for any reason or no reason at all). Many employers reinforce -- in very prominent locations in employee handbooks -- that their employees are at-will

What happens, however, when an employer later promises an employee that she can take 12 months of leave and then return to her job?

Can the employer later renege and rely upon the at-will employment doctrine as a basis not to reinstate? Or is the employer SOL? Find out, after the jump...

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