(a) A pregnant employee may request a transfer to a suitable position under this section. An employer may not fill the position with a person other than the requesting employee until the employer has offered the position to the employee and the employee has refused the offer. A position is suitable if

1. (1) it is an existing unfilled position in the same administrative division in which the employee is currently employed and is less strenuous or less hazardous than the employee's current position;
2. (2) transfer to the position is recommended by a licensed health care provider;
3. (3) the employee is qualified and immediately able to perform the duties of the position; and
4. (4) the transfer will not subject the employer to legal liability under a collective bargaining contract or employment contract.

(b) An employer shall compensate an employee who receives a transfer under this section at a rate at least equal to the lesser of the rate, as adjusted by changes to compensation that apply generally to the work force, at which

1. (1) the employee was compensated immediately before requesting the transfer; or
2. (2) the position into which the employee transfers is compensated.