Working at Walmart when expecting a child? Are you recuperating from childbirth? Do you need to temporarily stop carrying large boxes, take extra water breaks, or get some other help? You no longer have to pick between your paycheck and your health according to Walmart's new policy.

 

 

Employees who are pregnant, breastfeeding, or recuperating from childbirth can now request employment adjustments, reasonable accommodations, and Temporary Alternative Duty, which Walmart previously reserved primarily for workers with on-the-job injuries in most states.

 

 

• Light duty or a temporary transfer to a less physically demanding position; 

• Water breaks; 

• Rest breaks on occasion; 

• Time off for postpartum recovery; 

• Changes to your work environment (for example, avoiding toxins); or 

• A modified work schedules

 

 

If you work for Walmart and have a restriction because you are pregnant, breastfeeding, recovering from childbirth, or have a connected condition, you may be covered. Part-time workers are included in this category.

 

 

Walmart to make a "reasonable accommodation" to keep you healthy and safe at work when you are pregnant, breastfeeding, recuperating from childbirth, or dealing with another medical condition. A "reasonable accommodation" is a change that permits you to accomplish your job while without putting undue strain on your employer.

 

Most states should be able to benefit from Walmart's nationwide approach. Walmart has state-specific regulations in a few states that may give you extra rights during or after pregnancy.

 

Check the Wire for the "Accommodations in Employment – (Medical-Related) Policy" and speak with your boss to learn more about your unique rights. Also, please see this overview for more information on laws in your specific state or municipality.

 

 

Walmart may refuse your request if it would cause them “undue hardship,” which means it would be too difficult or costly for them. Given that Walmart is a huge company with a diverse range of job opportunities, this may be difficult for them to demonstrate. Additionally, Walmart may decline your request if, even with some support, it is too difficult for you to perform the essential functions of your work. In this case, you may be eligible for Temporary Alternative Duty, which means Walmart may temporarily assign you to a new position. Furthermore, if Walmart accommodates other employees (who are not pregnant) even when it is difficult or when these employees are unable to fulfill their jobs' essential functions, you may be able to utilize this to prove that rejecting your accommodation is pregnancy-based discrimination.

 

Remember, if you are unable to execute the essential tasks of your work, Walmart should consider offering you Temporary Alternative Duty under the new policy.

 

According to the rules, you must have a "restriction" based on pregnancy, breastfeeding, recovery from childbirth, or a related condition to qualify for a job adjustment, such as having a chair or a water bottle at your workstation.

 

You must have a "temporary disability" caused by pregnancy, breastfeeding, recovery from childbirth, or a related condition if you want to seek a larger accommodation, such as a reduced work schedule or modifying some job functions. You must still be able to perform the fundamental functions of your employment to be eligible for such an accommodation. If you are pregnant at Walmart, you do not need to meet the legal requirement for a disability because you are limited in a "primary living activity."

 

If you can't execute the essential responsibilities of your job with a reasonable accommodation or job adjustment, you may be eligible for Temporary Alternative Duty—or being temporarily allocated to a new role.

 

 

Three legal organizations, A Better Balance, the National Women's Law Center, and Mehri & Skalet LLC, are representing multiple workers in pregnant discrimination cases against Walmart, and they are trying to ensure that the new policy is enforced. OUR Walmart, a non-profit, also campaigns for Walmart employees who are pregnant. Check further information at https://www.wmoneassociatelogin.com/.