Ask an HR Pro: What Do I Need to Know About the Pregnant Workers Fairness Act?

On June 18, 2024, the final regulation of the Pregnant Workers Fairness Act (PWFA) went into effect. We asked iHire’s Senior HR Business Partner, Vickie Krolak, SHRM-CP, SPHR, for a high-level overview of the PWFA.

Q: What is the Pregnant Workers Fairness Act?

VK: This act requires covered employers to provide reasonable and temporary accommodation to qualified employees or applicants known to have physical and mental limitations related to pregnancy, childbirth, or related medical conditions. The PWFA protects the health of pregnant employees while also enabling them to continue to work safely, going a step beyond existing EEOC laws that only protect these workers from discrimination. Display this poster alongside your labor law posters so your employees understand their rights: “Pregnant, Postpartum and Pumping Workers: Know Your Rights in the Workplace.”

Q: How do I know if the Pregnant Workers Fairness Act applies to my organization?

VK: The PWFA applies to private and public sector employers (state and local governments) with 15 or more employees, as well as Congress and Federal agencies and employment agencies and labor organizations. It’s important to note that some states have different laws; for example, Massachusetts has its own PWFA that covers employers with six or more employees.

Q: What is included in pregnancy, childbirth, or related medical conditions?

VK: Conditions include uncomplicated pregnancies, vaginal deliveries and C-sections, miscarriages, postpartum depression, and lactation-related needs such as time and space to express breast milk. You can view a complete list from the Federal Register.

Q: How does the accommodation process work?

VK: Essentially, your employee will tell you that they have a limitation and need an adjustment or change in their working conditions, but keep in mind that they don’t need to use special words like “accommodation” or “Pregnant Workers Fairness Act” to make their request. It could be a simple statement such as, “I am struggling to attend our morning team meetings due to morning sickness” or “Due to my high-risk pregnancy, I will need time off from work to attend frequent doctor’s appointments.”

From there, you’ll begin what the EEOC calls an “interactive process” with your employee, where you discuss the accommodation, confirm with certification from their doctor what the reasonable accommodation is (in certain cases), and verify that it doesn’t cause undue hardship before granting their request.

Q: What are some examples of reasonable accommodations under this act?

VK: Telework, temporary reassignment, leave for medical appointments or recovery, adjustments to equipment or workstations, changes to your dress code, or increased flexibility and break periods are all examples of possible reasonable accommodations. An important thing to note is that accommodations could change as the pregnancy progresses or medical conditions improve or worsen.

Q: Is there anything else I should know about the PWFA?

VK: Under the PWFA, employers cannot deny a job or employment opportunities or retaliate against an employee or applicant for requesting or using a reasonable accommodation, among other prohibitions. Educate your managers and team leaders on what the PWFA entails, as they’ll likely be the ones who receive requests from employees and need to know how to respond in a compliant manner.

Additionally, The PWFA does not limit the rights of individuals affected by pregnancy, childbirth, or related medical conditions under any Federal, State, or local law that provides greater or equal protection.

Explore our Resource Center for more advice from our HR experts. If you have specific questions about the Pregnant Workers Fairness Act or other compliance matters, schedule a free consultation with our HR Services & Consulting team for personalized guidance.