As a business owner, your job entails more than boosting your bottom line—it also involves supporting your workers. One new law even makes this mandatory in certain situations. Under the Pregnant Workers Fairness Act, employers must provide reasonable accommodations for employees who are pregnant or have related medical conditions. 

Seventy-two percent of working women will become pregnant while employed at some time in their lives. If one of your workers is pregnant or recently became a parent, you have some new guidelines to follow. Here’s what to know. 

What is the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act is a new federal law that took effect in June 2024. It requires employers to provide accommodations for employees and applicants who are pregnant, recovering from childbirth, or nursing. The accommodations are meant to be reasonable and temporary, like giving an employee more time off for prenatal doctor’s appointments. 

Congress passed the law in 2022, and the Equal Employment Opportunity Commission (EEOC) issued final regulations to implement it in 2024. Moving forward, all public and private employers with at least 15 employees must follow the PWFA. 

Most states already have similar regulations on the books. But keep in mind, the PWFA isn’t meant to replace any laws that provide more protection for workers and job applicants. 

Which employers does the PWFA apply to?

The PWFA applies to federal government employers as well as private, state, and local employers with 15 or more employees. It also applies to employment agencies and labor organizations.

The law is designed to protect employees and applicants who qualify under the PWFA. “Qualified” means the worker can perform the core duties of their job with or without reasonable accommodation, and:

  • Their limitation is temporary.
  • They can perform their essential job duties in the near future.
  • Their limitation can be reasonably accommodated.

How can workers request reasonable accommodations?

Following the law doesn’t have to be a complicated process. Your employee or applicant just needs to tell you they have a limitation. These “limitations” are defined as physical or mental conditions related to, affected by, or arising from pregnancy, childbirth, or an associated medical condition. The limitation can be major and ongoing or minor and episodic. Either way, you’re responsible for providing a reasonable accommodation or working with the employee to create one. 

The employee doesn’t need to specifically mention the law by name or even frame the communication as a request. For example, an employee saying, “I’m having trouble getting to work on time because of morning sickness,” is sufficient.

While you aren’t required to fill out paperwork, getting everything in writing helps ensure clear communication. The Harvard Business Review suggests using this free Reasonable Accommodation Request Form or some similar version you create. Just be sure you address your worker’s request promptly. If you delay unnecessarily, you could be in violation of the law.

Ways to comply with the PWFA

Complying with the PWFA involves finding “reasonable accommodations” when your employee or applicant has a pregnancy-related problem. These accommodations can be any temporary on-the-job changes in the work environment or normal workflow that you come up with. Here are some examples of possible reasonable accommodations you could use:

Examples of conditions or limitationsExamples of solutions
Discomfort when standing due to pregnancyProvide equipment (such as a chair) to help alleviate the discomfort.
Increased urination and fatigueAllow the employee to take more rest breaks and bathroom breaks.
Prenatal care or IVF appointmentsAllow the employee to leave work for medical appointments.
Increased risk from work activities Change the employee’s equipment or workstation, or temporarily change the employee’s job duties.
Need to eat more due to pregnancy or breastfeedingProvide an additional lunch break or allow snacking.
Risk to pregnancy from communicable diseasesAllow the employee to work remotely or provide a temporary reassignment.
Need to recover from childbirth, miscarriage, or abortionProvide a leave of absence if the employee wants one.

Risks of non-compliance

The PWFL makes it clear that employers can’t harass, reduce pay, or prevent advancement opportunities for pregnant and nursing employees and those recovering from childbirth. That’s probably obvious, but you may need to consider other ways to support your employee. For instance, when an employee works fewer hours to attend prenatal appointments, you might need to adjust their productivity metrics. 

The PWFA leaves some room for exceptions. If an employee’s accommodation would cause your company an “undue hardship,” you may be able to decline the request. An undue hardship generally means you’ll incur a significant difficulty or expense by honoring the employee’s request, or it would require you to fundamentally alter the business’s nature or operation. 

But you’ll need to gather proof of this hardship if your denial is challenged in court. Before saying “no,” try working with the employee to identify an effective alternative.

What’s the difference between the PWFA and the PDA?

The Pregnancy Discrimination Act of 1978 (PDA) is predecessor legislation to PWFA. So the simplest way to think about the difference between the two is that the PWFA builds upon the PDA. The PWFA increases the specifics of rules related to protections for pregnant workers and includes an analysis of unlawful employer conduct that may violate the the Americans with Disabilities Act (ADA).

For example, the PWFA makes it illegal to require an employee to take leave (paid or unpaid) if another reasonable accommodation can be provided. The PDA made no explicit requirement to provide a reasonable accommodation. The PWFA also forbids employers from taking “adverse actions” against employees who request reasonable accommodations.

Other laws that may apply

While the PWFA applies to providing accommodations for employees and applicants, other laws make it illegal to fire or otherwise discriminate against pregnant workers and new parents. Some of these laws include:

  • Title VII of the Civil Rights Act protects workers from discrimination based on pregnancy, childbirth, or related medical conditions. 
  • The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations to workers with disabilities, which may include some pregnancy-related conditions.
  • The FMLA (Family and Medical Leave Act) provides covered employees with unpaid, job-protected leave for certain medical reasons.
  • The PUMP Act requires covered employers to provide frequent breaks and a private space for employees who need to pump breast milk during working hours.

Next steps

The Pregnant Workers Fairness Act is an important law you’ll need to understand going forward. Now’s a good time to figure out how you’ll support your workers or applicants who are pregnant, recovering from childbirth, or nursing in the workplace. Start by letting your employees know how to communicate their needs, and don’t forget to update your employee handbook with the information. 

Next, you can train any supervisors on the ins and outs of the PWFA. They should know how to respond to employee and applicant requests and ways to provide reasonable accommodations. Your supervisors and managers should also understand that a worker’s needs may change as the pregnancy progresses, they recover from childbirth, or their related medical condition improves or worsens.

If you need help identifying possible reasonable accommodations, consult the Job Accommodation Network, a free service for workers and employees. 

Kim Porter Kim Porter covers personal finance topics for AARP The Magazine, Bankrate, U.S. News & World Report, Reviewed, Credit Karma, and more. When she’s not writing, you can find her training for her next race, reading, or planning her next big trip. Twitter | LinkedIn
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