When an employee tells you they're pregnant, your response is important. And even with the best intentions, it's easy to slip up. The good news: most mistakes are entirely avoidable once you know what to watch for.
Here are the most common mistakes small businesses make with pregnant employees—and how to steer clear of them.
1. Not complying with the Pregnant Workers Fairness Act (PWFA)
The PWFA, enforced by the U.S. Equal Employment Opportunity Commission (EEOC), requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions (nausea, swelling, fatigue, lactation, recovery, etc.), with no waiting period.
Under the PWFA, employers are required to respond reasonably when a pregnant worker brings up a pregnancy-related limitation that could affect their ability to do their job. For example, if a warehouse employee who's pregnant tells her manager that standing for full shifts and lifting boxes over 20 lbs is now painful in her third trimester, the employer should ask what would help, provide that accommodation (in this case, maybe a stool for frequent breaks and no required lifting over 15 lbs), leave her role and pay unaffected, and not provide an “accommodation” that is actually a punishment, like taking her off the schedule completely.
How to comply:
2. Assuming the law doesn’t apply to your small business.
If you have a pregnant employee, you’ll want to brush up on your company policies for working parents, namely your maternity leave policy—and before you think, “Our company is exempt, since the FMLA (aka the Family and Medical Leave Act) doesn’t kick in until a workplace has 50 employees,” think again.
The Pregnancy Discrimination Act is actually a part of the Civil Rights Act of 1964, so it applies to businesses with 15 or more employees—not just 50 and up. So, yes, if your business is very small, you technically don’t have to provide job-protected leave under the FMLA. But we suggest that you do—it’s the right thing, and failing to do so can hurt your workplace culture (not to mention your turnover rates).
How to comply:
3. Asking “Are you pregnant?” in a job interview.
Look, you shouldn’t ask that on the street either. Assume no one is pregnant unless you’re an actual medical professional and they’re sitting in your office for a check-up.
It’s illegal to refuse to hire someone because they’re pregnant, so it’s not a relevant question in a job interview. Plus, it can be a little rude.
And while you’re at it, don’t ask your current employees either—even if you notice some telltale signs. Your employee will tell you when they’re ready for you to know.
How to comply:
4. Telling your employee not to return to work.
Don’t ever say that you don’t want your employee to come back to work, even if you think you’re being nice. Why? Firstly, you’ll probably offend your pregnant employee. But also, saying this is a form of family responsibilities discrimination.
Some people have super-easy pregnancies while others go through hell. We joke about morning sickness, but some women suffer from hyperemesis gravidarum, which is serious and requires medical treatment.
If your employee is so unlucky, working while pregnant is almost certainly out of the question. They may need to take a leave of absence at the beginning of their pregnancy, and you can’t prevent them from coming back. If their doctor clears them for work later on, be sure to welcome your employee back with open arms.
How to comply:
5. Assuming a pregnant employee won’t return to work.
Some people quit their jobs to stay at home with their baby. And some people are so eager to get back to work they count down the days. Most of us are right in the middle.
Always assume that your new parents will be back. And that’s a serious benefit to your business—turnover is expensive. Specifically, the average cost of turnover for U.S. employers has risen to $45,236 in 2026, according to a survey conducted by The Job Insights.
To ensure a smooth transition back, two things will really help them out.
A lactation room. The PUMP Act requires most employers to have a private, non-bathroom space where breastfeeding employees can pump (most also provide a fridge to store breastmilk).
Flexibility. Consider allowing more flexible schedules for new parents. This could mean a temporary remote work arrangement, cutting back hours, or working different hours. Honestly, this should be offered to all employees, regardless of their newborn status: our own data shows that remote workers are 13% less likely to quit within three months of being hired.
How to comply:
The gist? Let your employees tell you their post-baby plans—and don’t make any guesses.
Most of all, stay positive. Parental leaves are fleeting and an incredible milestone in your employees’ lives. Support and celebrate this moment. With a little understanding of how the laws work, it doesn’t have to turn into a business meltdown.
FAQs
What is the Pregnant Workers Fairness Act (PWFA)?
The PWFA is a federal law that took effect in June 2023, requiring employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, and related conditions like nausea, swelling, or lactation. It's enforced by the EEOC and has no waiting period, unlike the FMLA.
Does the Pregnancy Discrimination Act apply to small businesses?
Yes—the Pregnancy Discrimination Act (PDA) applies to any employer with 15 or more employees, not the 50-employee threshold that triggers FMLA leave. Businesses below 15 employees aren't legally required to comply, but treating pregnant employees fairly still helps limit turnover and reputational risk.
Can I ask a job candidate if she's pregnant?
No. Asking a candidate whether she's pregnant is not a legitimate interview question and can expose you to pregnancy discrimination claims, since refusing to hire someone because of pregnancy is illegal. The same rule applies to current employees: let them disclose a pregnancy on their own terms.
Am I required to provide a lactation room for pumping employees?
Yes—the PUMP Act requires most employers to provide a private, non-bathroom space and reasonable break time for pumping, for up to a year after childbirth. This covers both exempt and non-exempt employees, though employers with fewer than 50 employees can claim an undue-hardship exemption.
How much does employee turnover typically cost?
Turnover costs vary by role, but a 2025 survey conducted by The Job Insights estimated the average cost per employee at $45,236, up from $36,723 the prior year. Retaining employees through pregnancy and parental leave—rather than assuming they won't return—is one of the more cost-effective retention moves available.
Quick note: This is not to be taken as tax, legal, benefits, financial, or HR advice. Since rules and regulations change over time and can vary by location, consult a lawyer or HR expert for specific guidance.
