Tennessee Enacts Pregnant Workers Fairness Act

On June 22, Tennessee Governor Lee signed into law Senate Bill 2520, the Tennessee Pregnant Workers Fairness Act. The law, effective October 1, 2020, requires that Tennessee employers with 15 or more employees make reasonable accommodations for employees with medical needs arising from pregnancy, childbirth, or related medical conditions. Among other accommodations, this includes:

  • Providing more frequent, longer, or flexible breaks
  • Providing job restructuring or light duty, if available
  • Modifying work schedules
  • Allowing flexible scheduling for prenatal visits

Additionally, an employer cannot take adverse action against an employee for requesting or using a reasonable accommodation for medical needs arising from pregnancy, childbirth, or related conditions.

Certification

An employer can request that an employee with a medical need relating to pregnancy, childbirth, or related conditions provide certification from a healthcare professional if the employee is requesting a reasonable accommodation related to temporary transfer to a vacant position, job restructuring, light duty, or accommodations that require time away from work.

Interactive Process

During the time period in which an employee is making good faith efforts to obtain certification, an employer must begin engaging in a good faith interactive process with the employee to determine if a reasonable accommodation can be provided absent undue hardship.

Simplify the complex with FINEOS Absence

The ability to handle workplace accommodations to comply with this new law and other pregnancy or disability accommodation laws is available through FINEOS Absence accommodation functionality. Simplify the complex with FINEOS Absence that supports federal, state, municipal, state-mandated and employer PFML plans. The FINEOS Integrated Disability and Absence Management (IDAM) solution brings together the robust FINEOS Absence, the market-leading FINEOS Claims and FINEOS Payments to develop a single book of record for all absence management related services, including workplace accommodations to facilitate stay-at-work and return-to-work. If you’re ready to simplify the complex landscape of absence management, contact us at info@FINEOS.com.

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