Advocating for Women Across New Mexico

Senate Public Affairs Committee Unanimously Passes House Bill 25/a – Pregnant Worker Accommodation Act

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HB 25/a moving to Senate Judiciary next. Please call or e-mail Senate Judiciary members to support House Bill 25 as amended, and ask them to put it on agenda 

The Southwest Women’s Law Center (SWLC) supports policies that help New Mexican women and their families reach economic security and stability. The SWLC has been working with Rep. Gail Chasey and Sen. Liz Stefanics on the Pregnant Worker Accommodation bill since 2015. With its supporters, SWLC hopes that HB 25/a will become law in New Mexico in 2020. 

House Bill (HB) 25/a provides pregnant workers the opportunity to continue to work to support their growing families without risking the health of a pregnancy or the loss of a job. On February 13th, HB 25/a passed the New Mexico Senate’s Public Affairs Committee unanimously with a vote of 6-0. 

HB 25/a is scheduled to be heard next by the Senate Judiciary Committee. SWLC is requesting that supporters of the bill call or e-mail the SJC members and ask them to hear the bill as soon as possible; and to support the bill. (See below for SJC members and contact information). 

During the 2019 Legislative Session, the Senate Judiciary Committee voted for a similar version of the bill, HB 196, by a vote of 6-0. 

Last week, HB 25/a passed the House of Representatives unanimously by a vote of 65-0. Prior to that, in the House Judiciary Committee, HB 25 was amended, which allowed for the support of the Association of Commerce and Industry, the Hispano Chamber of Commerce and the NM Hospitality Association. 

What does HB 25/1 do?

 Employers with four or more employees are required to grant reasonable accommodation for an employee with a need arising from pregnancy, childbirth, or a related condition, as long as it does not create an undue hardship for the employer. 

 A reasonable accommodation is a change to the employee’s work environment, work rules or job responsibilities to accommodate a pregnant worker with a need arising from pregnancy, childbirth, or related conditions. 

 Some examples of a reasonable accommodation include: 

  • allowing an employee to keep water at their workstation, 
  • extra bathroom breaks, 
  • a reprieve from heavy lifting, 
  • light duty, or 
  • time off to attend prenatal appointments. 

 PWA extends the protections of the Human Rights Act to pregnant workers who need an accommodation arising from pregnancy, childbirth or a related condition. These protections include prohibiting discrimination in hiring, discharge, promotion, demotion, compensation, leave, terms, conditions, or privileges of employment. 

SWLC requests supporters to help pass HB 25/a. Let’s do it this fourth and last time! Please also thank our bill sponsors – Sen. Liz Stefanics and Rep. Gail Chasey- for their leadership in protecting and advancing women’s rights. 

To support SWLC’s efforts on Pregnant Workers Accommodation, please donate at swwomenslaw.org. 

Respectfully, 

Terrelene Massey, J.D. and MPaff
Executive Director

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Learn more about the Pregnant Worker Accommodation Act

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