Accommodations required for these employees

The federal Pregnant Workers Fairness Act (PWFA) will take effect June 27, 2023.

The PWFA requires employers to provide reasonable accommodations
– e.g., additional break time to use the bathroom, eat and rest – to employees affected by pregnancy, childbirth, or related medical conditions.

An existing law, the Pregnancy Discrimination Act of 1978, doesn’t require accommodations. Rather, it focuses on discrimination against pregnant employees.

The PWFA applies to employers with at least 15 employees. Covered employers must provide reasonable accommodations to pregnant employees, but not if doing so will create an undue hardship.

What’s on the list

Here are a few of the accommodations, in addition to additional break time, listed in the new law:

  • taking leave or time off to recover from childbirth
  • having flexible hours, and
  • being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

Many states have laws regarding pregnancy accommodations, and if a state or local law – or other federal law – imposes requirements that are more protective of employees, employers should follow those.

The Equal Employment Opportunity Commission (EEOC) hasn’t yet issued regulations. We’ll let you know when that happens.

Related requirements

Employees who have recently given birth may be covered by another law that kicked in several months ago, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

The PUMP Act gives nursing mothers the right to reasonable break times as needed to express breast milk. They can use break times for this purpose for up to one year after the child’s birth.

Note: The PUMP Act is an amendment to the Fair Labor Standards Act.

More info: bit.ly/pwfa668