One-year-of-employment rule doesn't apply to pregnancy, MN court says

When legislators add new provisions to existing laws, it's often difficult to determine how the new language interacts with the preexisting statutory scheme. Case in point: The existing rule requiring workers to be employed for a year before seeking parental leave doesn't apply to pregnant employees seeking on-the-job accommodations, the Minnesota Court of Appeals recently ruled.

Facts

Hennepin County hired Whitney Hinrichs-Cady as a social worker in September 2016, when she was pregnant. The position required her to visit children's homes and investigate abuse and neglect allegations. During the visits, she was sometimes exposed to unsafe conditions, such as cigarette and marijuana smoke and other drug use.

After fainting during an in-home visit because of an iron deficiency, Hinrichs-Cady received a list of job restrictions from her doctor for the remaining seven weeks of her pregnancy. The list included refraining from working for more than an hour without rest and avoiding exposure to unhealthy or unsafe environments. There also were limits on lifting and driving.

Hinrichs-Cady's direct supervisor was dismissive of the doctor's restrictions and required her to continue performing her usual job duties until a formal decision on the requested accommodations could be made. Subsequently, the accommodations were denied, and she was placed on unrequested (and unpaid) leave in February 2017. In June, on the day she returned to work after giving birth, she received a termination letter.