Reasonable Accommodations for Pregnant Workers — Medical Certification

1. Law
2. Tennessee Code
3. Employer and Employee
4. Tennessee Pregnant Workers Fairness Act
5. Reasonable Accommodations for Pregnant Workers — Medical Certification

1. An employer is not required to do the following unless the employer does or would do so for another employee or a class of employees that need a reasonable accommodation:
   1. Hire new employees that the employer would not have otherwise hired;
   2. Discharge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job;
   3. Create a new position, including a light duty position for the employee,

      unless a light duty position would be provided for another equivalent employee;

   4. Compensate an employee for more frequent or longer break periods, unless the employee uses a break period that would otherwise be compensated; or
   5. Construct a permanent, dedicated space for expressing milk.
2. It is an unlawful employment practice for an employer to:
   1. Fail or refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant for employment or an employee, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the business of the employer;
   2. Require an employee to take leave under a leave law or policy adopted by the employer if another reasonable accommodation can be provided to the known limitations for medical needs arising from the employee's pregnancy, childbirth, or related medical conditions; or
   3. Take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations for medical needs arising from the employee's pregnancy, childbirth, or related medical conditions, including, but not limited to, counting an absence related to pregnancy under no fault attendance policies.
3. An employer may, if required of other employees with medical conditions, request that an employee with a medical need relating to pregnancy, childbirth, or related medical conditions provide medical certification from a healthcare professional if the employee is requesting a reasonable accommodation related to temporary transfer to a vacant position, job restructuring, or light duty, or an accommodation that requires time away from work. During the time period in which an employee is making good faith efforts to obtain medical 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. An employer shall not take adverse action against an employee related to the employee's need for accommodation while the employee is engaging in good faith efforts to obtain medical certification.

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