Effective December 8, 2016, employers in Colorado will be required to provide a new notice to all current and future employees. This new notice contains information regarding accommodations for pregnancy. The notice must be given to all employees regardless of gender.
In a nutshell, the notice provides information to employees about their right to request a reasonable accommodation for conditions related to pregnancy and childbirth. The notice provides some examples of what a reasonable accommodation may be such as; more frequent or longer break periods, limitations on lifting, and job restructuring to name a few. It also states that an employer cannot require an employee to accept an accommodation if they have not requested such an accommodation. In other words, the employer can not require an employee take an accommodation that the employee did not request.
An employer can deny a request for accommodation if it poses an "undue hardship." Some factors that go into determining if an accommodation would cause an undue hardship include; nature and cost, the overall financial resources of the employer, the size of the business and the accommodations effect on the expenses and resources and operations of the business.
Keep in mind that employers should be fair and consistent with the accommodations they offer to all employees. Take into consideration, any previous accommodations that you have made for other employees, not just those provided for conditions related to childbirth and pregnancy.
The Colorado Civil Rights Division has been kind enough to create a notice for employers to start distributing on or before December 8, 2016 to all current employees. All future employees should receive a copy of the notice at the beginning of their employment.
Employers are also required to post the notice in a space that all employees can access. If you already have a location for your required notices and posters, you can simply add the poster to the existing location.
You can find the notice/poster here.
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