Pregnancy Accommodations: What Employers Need to Know About the PWFA

An employee tells her supervisor that she is pregnant and needs additional restroom breaks throughout the workday.

Another employee recovering from childbirth requests temporary lifting restrictions.

A third needs flexibility to attend prenatal medical appointments.

How should employers respond?

Under the Pregnant Workers Fairness Act (PWFA), many employers have specific legal responsibilities to consider these requests.

And here’s something important: Employees do not necessarily have to be disabled to qualify for pregnancy-related accommodations under the PWFA.

Understanding the Pregnant Workers Fairness Act

The PWFA took effect on June 27, 2023, and generally applies to private employers with at least 15 employees, along with covered public employers.

The law requires covered employers to provide reasonable accommodations for qualified applicants and employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship.

The PWFA supplements existing protections under federal laws such as Title VII and the Americans with Disabilities Act.

Some state laws provide additional pregnancy accommodation protections, including requirements applicable to smaller employers.

What Are Reasonable Pregnancy Accommodations?

Depending on an employee’s circumstances and job responsibilities, possible accommodations may include:

• Additional restroom, hydration, or rest breaks.
• Permission to sit or stand as needed.
• Temporary adjustments to lifting requirements.
• Modified work schedules.
• Time away from work for pregnancy-related medical appointments.
• Temporary changes to certain job duties.
• Leave for recovery from childbirth or related medical conditions.

Not every requested accommodation must be approved exactly as proposed.

However, covered employers generally must engage in an individualized process to identify an effective reasonable accommodation unless doing so would impose an undue hardship.

Common Mistakes Employers Should Avoid

Automatically placing pregnant employees on leave. An employee who can continue working with reasonable accommodations should not be unnecessarily forced out of the workplace.

Requiring excessive medical documentation. Employers should understand the limitations on when supporting medical documentation may be requested. Some accommodation requests require little or no documentation.

Assuming pregnancy accommodations are optional. The PWFA establishes affirmative accommodation responsibilities for covered employers.

Making decisions based on assumptions. Supervisors should not presume that pregnant employees cannot perform particular duties without evaluating the actual circumstances.

Ignoring retaliation protections. Employees must not be punished for requesting or using protected accommodations.

Best Practices for HR and Management

Begin by establishing a clear process for receiving and evaluating pregnancy-related accommodation requests.

Train supervisors to recognize requests even when employees do not mention the PWFA or use formal legal terminology.

Designate an HR representative or other qualified individual to coordinate the interactive process.

Document accommodation discussions, decisions, and any legitimate operational concerns.

When appropriate, consider temporary or interim accommodations while a request is being evaluated.

Finally, periodically review approved accommodations to determine whether adjustments remain effective.

What Employers Should Do Next

Review your handbook to confirm that pregnancy-related accommodations are appropriately addressed.

Examine leave, attendance, scheduling, and light-duty policies for provisions that could conflict with accommodation obligations.

Ensure managers understand that pregnancy accommodation requests should be referred promptly for appropriate review.

Employers should also check applicable state laws and monitor developments affecting the interpretation and enforcement of PWFA requirements.

The Bottom Line

Supporting pregnant and postpartum employees is not simply a matter of offering generous benefits.

For covered employers, it is also an important legal compliance responsibility.

With clear policies, appropriate training, and individualized assessments, businesses can support employees while maintaining effective operations.

A workplace that understands accommodation obligations is better equipped to protect both its people and its business.

Lisa Smith, SPHR, SCP