Bill > A3334

Introduced Session

This bill provides that employers are required to provide not less than two full days per month of remote work accommodations to an employee experiencing qualifying conditions and symptoms related to the employee's menstrual cycle. The specific conditions and symptoms covered by the bill include but are not limited to: (1) uterine fibroids; (2) endometriosis; (3) polycystic ovary syndrome; (4) adenomyosis; (5) premenstrual syndrome; (6) premenstrual dysphoric disorder; (7) dysmenorrhea; (8) menorrhagia; or (9) any condition arising from the employee's menstrual cycle that causes discomfort to the employee but does not debilitate the employee to the extent that the employee would be unable to perform the essential duties of the employee's position. The bill permits an employer to require an employee requesting remote work in accordance with the bill to provide a note from a medical provider to substantiate that the employee meets the conditions set forth in the bill to qualify for a remote work accommodation. The bill prohibits an employer from penalizing the employee in terms, conditions, or privileges of employment for requesting to work remotely or working remotely in accordance with the bill. Under the bill, if an employer can demonstrate that the employee working remotely would create an undue burden on the employer or that the employee cannot perform the essential duties of the position on a remote basis, then the employer would not be required to provide remote accommodations under the bill. However, the employer bears the burden of proving either circumstance by a preponderance of the evidence. An employer who violates the bill will be liable for a civil penalty in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation, and $10,000 for each subsequent violation collectible by the Commissioner of Labor and Workforce Development in a summary proceeding.

AI Summary

Committee Categories

Verlina Reynolds-Jackson (D)*, 

Introduced, Referred to Assembly Labor Committee (on 01/09/2024)

Official Document