The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Yoursheka George.
DIGEST
SB 287 Original 2020 Regular Session Barrow
Present law makes the provisions of R.S. 23:341 applicable only to employers who employ more
than 25 employees within this state for each working day in each of 20 or more calendar weeks in
the current or preceding calendar year.
Proposed law retains present law but makes the provisions of R.S. 23:341 applicable to employers
who employ more than 15 employees within this state.
Present law provides that pregnancy, childbirth, and related medical conditions are to be treated as
any other temporary disability with the employer being relieved of any responsibility to provide a
female employee disability leave for a period exceeding six-weeks following a normal pregnancy,
childbirth, or related medical condition.
Proposed law retains present law but adds the caveat that pregnancy-related medical conditions do
not have to meet any definition of disability to trigger an employer's obligation to provide reasonable
accommodations under R.S. 23:342(B).
Present law makes it an unlawful employment practice for any employer to refuse to promote,
compensate, or train any female employee due to pregnancy, childbirth, or a related medical
condition.
Present law makes it an unlawful employment practice for any employer to refuse to allow a female
employee affected by pregnancy, childbirth, or related medical conditions to receive the same
benefits or privileges of employment granted by the employer to other employees who are
temporarily disabled.
Proposed law retains present law.
Present law provides that it is an unlawful employment practice for any employer to refuse to
temporarily transfer a pregnant female employee to a less strenuous or hazardous position, per the
female employee's request and with the advice of her physician, if the transfer can be reasonably
accommodated.
Proposed law removes present law.
Proposed law makes it an unlawful employment practice for an employer to refuse to make
reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical
conditions for an applicant for employment or an existing employee unless the employer first
demonstrates that the accommodation would impose an undue hardship on the operation of the business.
Proposed law defines the phrases "reasonable accommodation" and "undue hardship".
Proposed law provides that an employer is not required to make certain provisions for a female
employee due to pregnancy, childbirth or other medical condition if the employer would not make
the same provisions for other employees.
Proposed law requires employers to provide written notice to new and existing employees of their
discretionary power to accommodate the medical needs of a female employee arising from
pregnancy, childbirth, or related medical conditions.
Effective August 1, 2020.
(Amends R.S. 23:341(A) and (B)(1) and 342; adds R.S. 23:341.1)