Effective June 27, 2023, employers with 15 or more employees must comply with the federal Pregnant Workers Fairness Act by providing pregnancy-related accommodations to employees and applicants.
Pregnancy-Related Accommodations:
Under the PWFA, employees are entitled to accommodations for conditions related to or affected by pregnancy, childbirth, or related medical conditions, both physical and mental. These conditions include, but are not limited to, morning sickness, gestational diabetes, post-partum depression, and lactation.
This law expands employer obligations beyond what is already required by the Americans with Disabilities Act (ADA). Additionally, employees are entitled to accommodations even if they are temporarily unable to perform their essential job functions.
Possible accommodations include, but are not limited to:
- Allowing more frequent or longer breaks
- Modifying food or drink policies
- Providing seating or allowing the employee to sit more often if their job requires standing
- Offering job restructuring, light duty assignments, or modified work schedules or duties
Similar to the ADA, employers and employees should engage in the interactive process to determine reasonable accommodations.
EMPLOYER ACTION ITEMS:
- Add a pregnancy accommodations policy to the employee handbook
- If your state’s law provides similar accommodations, ensure that your policy incorporates the most employee-friendly aspects of the applicable laws
- Educate managers about the law and inform them about the types of accommodations employees are entitled to
Ensure your employee handbook and HR policies are up-to-date, reach out to us for a free review at 760-DPA-0007 or ppatel@dpalaw.com.
