By Hillary Pettegrew, Esq.
Are you aware of the new federal protections that impact pregnant and breastfeeding employees? The Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) will be enforcing new protections and require employers to make workplace adjustments.
PWFA Requirements
The Pregnant Workers Fairness Act (PWFA)1 took effect in June 2023 and mandates “reasonable accommodations” for pregnancy, childbirth, and related medical conditions for employers with more than 15 employees, regardless of whether a disability exists. The only employers exempt must meet the “undue hardship” standard by showing an accommodation would create significant difficulty or expense. Employers cannot require pregnant employees to take paid or unpaid leave if another reasonable accommodation is available.
Potential accommodations include:
- More flexible or longer work breaks
- Altered dress codes
- Flexible work schedules
- Temporary light duty or transfer to less demanding positions
There is a significant difference from the accommodations under the Americans with Disabilities Act (ADA). Where normally HR would take the lead under the ADA, in this case, immediate supervisors and employees must work together to find appropriate accommodations. The EEOC, which enforces the PWFA, expects the supervisor to handle most accommodation requests, which makes proper training on the new obligations essential.
The EEOC, which enforces the PWFA, expects the supervisor to handle most accommodation requests, which makes proper training on the new obligations essential.
PUMP Act Requirements
The Fair Labor Standards Act already required break times for nonexempt (generally hourly) nursing employees. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)2 extends these protections to exempt (generally salaried) employees. For one year after chil