Unless it causes the employer an undue hardship, the Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers. However, there are several important provisions that employers must understand in order to remain in compliance. Through the help of a PWFA sample policy, small businesses can update their employee handbooks and train managers on PWFA compliance.

Employee Protections Under the Pregnant Workers Fairness Act

On June 27, 2023, the PFWA went into effect. However, the Equal Employment Opportunity Commission’s (EEOC) final regulation wasn’t finalized until April 15, 2024. Under the final version of the law, there are a few key provisions that employers must fulfill.

The PWFA filled an important gap in other employment laws. The Pregnancy Discrimination Act (PDA) prohibited discrimination, but it didn’t require any accommodations. Meanwhile, the ADA required accommodations for disabled workers, but it didn’t classify pregnancy as a disability. 

While the Americans With Disabilities Act (ADA) and other employment laws prohibit pregnancy-related discrimination, the PWFA’s major focus is on accommodations for pregnancy-related issues. The PWFA applies to any company that has at least 15 employees, so many small businesses will have to comply with this law.

The following rules are some of the most important PWFA provisions employers must follow.

• Employers must make reasonable accommodations. The only exception is if the accommodations would cause an undue hardship.
• You cannot refuse to hire or promote qualified employers because they need reasonable accommodations. 
• Employers cannot retaliate against workers who request accommodations under the PWFA, report a violation, or take part in a PWFA investigation.
• You cannot make employees take leave if there are alternate accommodations that would allow them to continue working.
• Workplaces can’t force workers to accept an accommodation if they don’t want it.
• You cannot delay accommodations or force workers to fill out ADA paperwork to get help. Instead, the employee must be provided accommodations as quickly as possible.

The employee doesn’t have to approach you and request accommodations in order to receive them. If you simply hear the employee talking about their pregnancy over lunchtime or a coworker mentions another employee’s pregnancy, you are legally obligated to offer accommodations. 

All accommodations must be determined through an interactive process. This means workplaces can’t force workers to take leave or require them to switch to light duty. If accommodations are forced or coerced, the workplace can become the target of a lawsuit. Instead, you must talk to the worker and get their input on the type of accommodations that would help them the most.

What Does Reasonable Accommodation Look Like Under the PWFA?

Under the PWFA, your workplace is required to offer reasonable accommodations. While the accommodations can vary based on the work environment and individual health requirements, the following list includes a few examples of reasonable accommodations a worker might need.

• Provide additional bathroom breaks.
• Let the worker drink water or eat snacks more frequently.
• Offer teleworking options.
• Change food and drink rules so that workers can bring a snack or water with them.
• Temporarily reassign the worker to different job duties.
• Change uniform codes or dress codes so that employees can wear more comfortable attire.
• Shorten the employee’s work schedule or change their hours.
• Provide time off for health care appointments.
• Switch the worker to light duty.
• Offer leave for childbirth or pregnancy-related complications.

These are simply examples of what PWFA accommodations might look like. When talking with the worker, you can start by offering these accommodations. Then, get the worker’s input to see what type of accommodations would genuinely help them to feel more comfortable at work.

PWFA: Sample Policy Examples and Policy Recommendations

A good PWFA sample policy should have a few key elements. 

• References to the Law: In your PWFA policy, you should include references to the law. You can even pull text directly from the PWFA to explain your organization’s rules.
• Statement of Applicability: The policy should discuss which employees are covered. 
• Discussions About the Law’s Key Provisions: To help employees understand their rights, it’s important to discuss the law’s key provisions. You may also want to include separate guidelines or training materials for managers, so your management team understands their obligations under the PWFA.
• Description of Conditions Covered: In the PWFA policy, you can discuss some of the conditions that must be legally covered under the PWFA. 
• Examples of Possible Accommodations: The PWFA policy should include examples of what accommodations might look like. 
• Methods for Requesting Accommodations: Let workers know which HR professionals or managers they should go to if they need special accommodations.
• Approval Process: Then, discuss what the approval process looks like for employees.
• Accommodation Modifications: Review the steps involved in modifying an employee’s accommodations. For example, an employee may initially require a late start to deal with morning sickness. Later on, the worker may be fine with their normal schedule, but they may require a chair for some or all of the day. The employee must be aware of your workplace’s process for changing accommodations as the need arises.
• Discontinuation of Accommodation: Finally, employees should know the appropriate process for ending accommodations when they are no longer needed.
• Non-Retaliation and Non-Discrimination Policies: In the PWFA policy, reiterate your company’s commitment to non-discrimination and non-retaliation. Include email addresses, phone numbers, or other methods for reporting potential discrimination or retaliation internally.
• Questions and Concerns: Designate a method employees can use to report all of their questions and concerns. Besides helping your workers, this will give them an additional method for getting help instead of immediately filing a report with the EEOC.

Under the PWFA, the following conditions and related complications are covered.

• Infertility
• Pregnancy symptoms
• Postpartum depression
• Complications from pregnancy
• Childbirth or recovery from birth
• Miscarriages and abortions
• Lactation

Remember: Other HR Laws Still Apply

A PWFA model policy can help your organization ensure its legal compliance. However, it isn’t the only HR legislation that impacts pregnancy discrimination and accommodation. The following laws are just a few examples of the additional HR legislation that your workplace must uphold. 

• ADA: This law protects disabled workers from different types of employment discrimination. While pregnancy isn’t classified as a disability under the ADA, some pregnancy complications and conditions are.
• Family and Medical Leave Act (FMLA): Under the FMLA, workers are allowed to take leave for medical conditions and family reasons. The law doesn’t require the leave to be paid. In essence, the FMLA ensures the worker can’t be fired for taking leave.
• Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act: The PUMP Act offers protections to employees who express milk at work.
• Title VII: This law protects pregnant workers from discrimination and requires employers to treat them the same as other workers.

Prepare Your Organization’s PWFA Policy

By using a PWFA sample policy, you can ensure your company’s legal compliance and build your own PWFA policy. With a PWFA policy, you can help workers get the accommodations they need and reduce absences from work. When designed correctly, a PWFA policy can benefit employers and employees.

To learn more about PWFA model policy examples, reach out to Asure’s team of small business payroll and HR experts today.