Guest Author
As we near 2025, it’s unfortunate that very few workplaces in the public, private or nonprofit sectors know much, if anything, about the nation’s new Pregnant Workers Fairness Act (PWFA). For employers with 15 or more employees, this new federal requirement must be followed, or employers could face legal or other repercussions.
The PWFA was backed by a surprising bipartisan coalition that included workers’ rights groups, the Society for Human Resources Management, the U.S. Chamber of Commerce and other business and social services groups.
The act essentially affirms that the temporary condition of pregnancy is not incompatible with work but rather is a normal condition of the modern workplace. The PWFA is intended to ensure workplace accommodations for those who may have limitations related to pregnancy, childbirth or a related medical condition.
Earlier this year, the Equal Employment Opportunity Commission (EEOC) issued the final rules related to this new regulation. These rules require that an employer must make accommodations for an employee with such limitations unless it imposes an undue hardship on the employer’s operations.
The expectation for accommodation is different from the expectation under the Americans with Disabilities Act (ADA) in that the limitations covered under the PWFA do not have to be major or prolonged. According to the EEOC, to qualify for an accommodation under the PWFA, the employee only needs to inform the employer that they are experiencing a limitation related to maintaining their health, the health of the pregnancy or due to seeking health care for a physical or mental condition related to, affected by or arising from pregnancy, childbirth, or a related medical condition.
Some of the accommodations suggested in the final rules include frequent breaks (to snack, rest or use the restroom); the ability to sit if the employee normally must stand; an altered work schedule or work shift; remote work; periodic leave time for medical appointments; closer parking; modified duties if heavy lifting or other strenuous activities are required); appropriately-sized uniforms or safety apparel; additional leave time (unpaid) for pregnancy complications, recovery from childbirth or another related medical condition.
While this regulation is titled “Pregnant Worker Fairness Act,” it covers more than the term of pregnancy or the time to recover from childbirth. Other medical conditions covered may include morning sickness; gestational diabetes; pregnancy-induced hypertension; pregnancy-related carpal tunnel syndrome; sciatica; lactation or the need to draw breast milk; termination of pregnancy, including via miscarriage, stillbirth or abortion; postpartum depression; potential or intended pregnancy; birth control; fertility/infertility; and other medical conditions that surface due to suspension of a previously-prescribed medication when such medication is suspended during pregnancy.
The PWFA also prohibits an employer from requiring an accommodation. Even if an employer believes it is in the employee’s best interest, an accommodation cannot be required of an employee. An employer also cannot require an employee to take leave if the employee can continue working, with or without an accommodation.
Unlike the Family and Medical Leave Act (FMLA), which applies to a medical condition for both the employee and the employee’s family, the PWFA applies only to the employee. It does not contain a provision for caring for an employee’s family member who may be experiencing pregnancy, childbirth or a related medical condition.
Employers should update their policies to conform with the PWFA regulations. All supervisors should be trained on appropriately responding to requests for accommodations. Prompt and effective responses will foster compliance – and prevent potential human resources or legal problems.
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William T. “Bill” Krizner is an attorney and owner of The Krizner Group, one of Florida’s most respected employment law firms with experience and expertise in workplace and human resources issues. He may be reached at [email protected].
