LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7345 NOTE PREPARED: Jan 4, 2021
BILL NUMBER: SB 246 BILL AMENDED:
SUBJECT: Pregnancy and Childbirth Accommodation.
FIRST AUTHOR: Sen. Alting BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
X FEDERAL
Summary of Legislation: The bill requires an employer to provide reasonable employment accommodations
for a pregnant employee. It requires the Department of Labor to investigate complaints and attempt to resolve
complaints through the use of an administrative law judge. It also allows for appeals.
Effective Date: July 1, 2021.
Explanation of State Expenditures: Department of Labor: The bill will increase workload for the
Department of Labor depending on the number and nature of complaints received by the department. In
addition to investigating and resolving complaints, the bill requires the department to develop educational
materials and make public education efforts to inform employers, employees, employment agencies, and job
applicants. The additional funds and resources required could be supplied through existing staff and
resources currently being used in another program or with new appropriations. Ultimately, the source of
funds and resources required to satisfy the requirements of this bill will depend on legislative and
administrative actions.
Office of Administrative Law Proceedings: The bill’s requirements are within the office’s routine
administrative functions and should be able to be implemented with no additional appropriations, assuming
near customary staffing and resource levels.
Office of the Attorney General: The bill’s requirements to enforce the bill when the enforcement process
through the Department of Labor is exhausted may increase the workload for the Attorney General, but
should be able to be implemented with no additional appropriations, assuming near customary agency
staffing and resource levels.
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State Personnel Department (SPD) and all Agencies as Employers: The bill would create some
administrative work for SPD to change its current standardized policies for pregnant and nursing mothers.
Employers are required to make reasonable accommodations for women due to conditions of pregnancy and
childbirth. This should be able to be implemented with current resources. [This bill has the potential to
impact all agencies as employers, thus impacting all funds that provide operating funding to agency staff.]
Additional Information - The bill applies to employers with 15 or more full-time employees. Employers who
fail to provide pregnancy accommodations for employees may be ordered to provide the reasonable
accommodation; a payment in an amount to restore the employee’s losses which could include an employee’s
wages, salary, and sales commission; and proof of compliance.
Explanation of State Revenues: Court Fee Revenue: A civil costs fee of $100 would be assessed when a
civil case is filed. If additional civil actions occur and court fees are collected, revenue to the state General
Fund may increase. A portion of the fee revenue is transferred to the Indiana Bar Foundation, and one fee
is deposited into the State User Fee Fund.
Additional fees may be collected at the discretion of the judge and depending upon the particular type of
case.
Explanation of Local Expenditures: All Units as Employers: Employers with 15 or more full-time
employees are required to make reasonable accommodations for women due to conditions of pregnancy and
childbirth.
Explanation of Local Revenues: Court Fee Revenue: If additional civil actions occur and court fees are
collected, local governments would receive additional revenue from both a portion of the civil costs fee and
other fees that would be collected.
State Agencies Affected: Department of Labor; Office of Administrative Law Proceedings; Office of the
Attorney General; State Personnel Department; All agencies as employers.
Local Agencies Affected: Trial courts; City and town courts; All units as employers.
Information Sources:
Fiscal Analyst: Camille Tesch, 317-232-5293.
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