Page 5 - TPM Newsletter JAN 2020
P. 5
January 2020 5
OR - Accommoda ons - Pregnancy Related Condi ons OR - Employers Liable for Missed Meal Breaks
The Oregon Legislature recently passed House Bill 2341 (2019) A recent decision by the Oregon Court of Appeals
which provides addi onal employee protec ons related to holds Oregon employers fully accountable for
pregnancy, childbirth or a related medical condi on, including meal breaks of employees. Under the court’s new
lacta on. The law became eff ec ve January 1, 2020. “strict liability” standard, no ma er what eff orts
a company makes to ensure employees take a full
Under HB 2341, employers with six or more employees 30-minute break, employers will be liable if the
will also need to provide reasonable accommoda ons for period is interrupted or an employee unilaterally
employees with pregnancy related condi ons. Specifi cally, HB chooses to skip the meal period.
2341 makes it unlawful for an employer to:
V Deny employment opportuni es to an applicant or
employee based on the need to make reasonable ID - Increase in Fringe Benefi ts
accommoda on to the known limita ons rela ng to
pregnancy, childbirth or a related medical condi on, In the six years from 2013 to 2019, Idaho
including but not limited to lacta on; employers off ered more benefi ts to a higher
V Fail or refuse to percentage of full- me workers than in previous
make reasonable years, according to results of the 2019 Fringe
accommoda on Benefi ts Survey conducted by the Idaho
to these known Department of Labor.
limita ons, unless the Periodically, the department conducts surveys
accommoda on would of Idaho employers on the benefi ts they off er
impose an undue to their employees beyond wages and salaries.
hardship;
These include health, dental, re rement and paid
V Take an adverse employment ac on or in any manner leave benefi ts.
discriminate or retaliate against an applicant or an
employee, with respect to hire or tenure, or any other Some of the key fi ndings from the 2019 survey
term or condi on of employment, because the applicant include:
or employee has inquired about, requested or used a
V The percent of full- me workers off ered
reasonable accommoda on;
single medical coverage increased from 67
V Require an applicant or an employee to accept a percent in 2013 to 78 percent in 2019.
reasonable accommoda on that is unnecessary to perform
V Family coverage
the essen al du es of the job or to accept a reasonable increased from
accommoda on if the applicant or employee does not 64 percent to 68
have a known limita on; or
percent.
V Require an employee to take family leave, or any V Par cipa on
other leave, if the employer can make reasonable in defi ned
accommoda on to the known limita ons.
contribu on
Employers also will need to post signs in a conspicuous re rement benefi ts jumped from 38 percent
and accessible loca on informing employees of these new to 57 percent of full- me workers off ered the
discrimina on protec ons and their right to reasonable benefi t.
accommoda on for known limita ons related to pregnancy,
V Rela vely few part- me workers are off ered
childbirth and pregnancy related medical condi ons, including fringe benefi ts by Idaho employers.
but not limited to lacta on. BOLI has developed a template for
this no ce which employers may adapt. In addi on to pos ng, V Insight on the fringe benefi ts Idaho
employers will need to provide a wri en copy of the no ce to: employers pay to its workers is only available
through survey studies such as this one. The
V New employees, at the me of hire; previous Idaho Fringe Benefi t Survey report
V Exis ng employees, by June 29, 2020 (180 days a er the was published in 2013.
eff ec ve date of HB 2341 (2019); and Read the survey for more detailed informa on at
h ps://lmi.idaho.gov/Portals/0/Pubs/FringeBenefi ts2019_
V Any employee who informs the employer of the
FINAL.pdf
employee’s pregnancy, within 10 days.
Timber Products Manufacturers Associa on
