If you’re a pregnant worker in Indiana, your employer isn’t required by law to make reasonable accommodations to fulfill your needs in the workplace.
This issue has been discussed by the General Assembly the last three sessions, and has also become a top priority for Gov. Eric Holcomb during his time in office.
Multiple attempts to advance a bill through the Statehouse have failed in recent years, but now it appears that a proposal aimed at addressing the issue will finally reach Holcomb’s desk in 2021.
While it’s a start, the version of House Bill 1309 that’s expected to become law falls well short of the needs of Hoosier mothers and their babies.
Rather than guaranteeing accommodations, the bill “allows an employee to request an accommodation for the employee’s pregnancy” and “requires an employer to respond to an employee’s request for an accommodation within a reasonable time frame.”
In short, nothing has fundamentally changed.
It’s puzzling why lawmakers don’t feel that some accommodations should be required.
Both Senate Bill 246 and House Bill 1358 requested businesses that have more than 15 employees allow for more breaks for pregnant women, private places where mothers can pump breast milk, and unpaid time off from work to recover from childbirth. Both bills died without a single hearing this session.
None of these requests are unreasonable by any means — especially for a state with real maternal health issues.
The infant mortality rate in Indiana of 6.5 per 1,000 is also above the national average of 5.6. Bartholomew County is familiar with the issues, as at least 54 infant deaths have been recorded since 2009. Thankfully, the county’s most recent data suggests numbers are trending down thanks to action taken by local officials.
Indiana’s business owners need to step up and provide protections and other accommodations for their employees since the legislature won’t do so. Many businesses already do, but much more can be done.
Every expectant mother deserves to work in a healthy, discriminatory-free workplace, and the new piece of legislation hardy touches the issue.
The conversation can’t end when Holcomb signs on the dotted line HB 1309. Further measures are going to be needed to protect expectant mothers and their children in the future.
