Pregnancy Accommodation Laws Compliance Bundle (Digital)

The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for workers and job applicants who are limited at work because of pregnancy, childbirth, or related medical conditions. Employers must provide these accommodations unless doing so would cause significant difficulty or expense, known as “undue hardship.” If an employer violates the PWFA, workers can file complaints or lawsuits to recover back pay, reinstatement, and attorney’s fees.

In 2026, the PWFA applies to all employers with 15 or more employees. Federal contractors and public employers must also follow these rules. Many states have their own pregnancy accommodation laws that may cover smaller employers or offer broader protections. The federal PUMP Act, which provides protections for breastfeeding employees, applies to nearly all employers covered by the Fair Labor Standards Act (FLSA). Businesses with fewer than 50 workers may be excused only if compliance would create an undue hardship.

Employers must provide reasonable accommodations that allow pregnant employees to keep working safely. Examples include lighter duties, flexible schedules, more frequent breaks, access to seating, modified uniforms, or temporary job reassignments. Under the PWFA, employers must also allow predictable accommodations such as carrying and drinking water, additional restroom breaks, sitting or standing as needed, and breaks to eat and drink. Under the PUMP Act, employers must also provide time and a private, clean space (not a bathroom) for expressing breast milk. Accommodations should be developed through open discussion between the employer and employee.

Before the PWFA, laws like the Pregnancy Discrimination Act and the Americans with Disabilities Act (ADA) only required accommodations if the worker had a qualifying disability or could show that similar accommodations were offered to non-pregnant employees. The PWFA goes further by creating an independent right to reasonable accommodations for limitations caused by pregnancy, childbirth, or related conditions, even if the worker does not have a disability. It also limits documentation requests, prohibits forcing employees to take leave when another accommodation would work, and allows temporary adjustments to essential job functions through a required interactive process.

The interactive process is a discussion between the employer and the employee to find a suitable accommodation. Employers should listen to the worker’s needs, consider possible solutions, and evaluate whether they would cause an undue hardship. Both parties should document their discussions and any decisions made. Employers should not pressure employees to take unpaid leave if other reasonable accommodations can meet their needs.

An employer can deny a request only if the accommodation would create an undue hardship, meaning it would be too difficult or costly based on the size and resources of the business. Before denying a request, employers must explore alternative accommodations and document the reasons for denial. Denials should always be based on facts, not assumptions.

Many states have additional laws that expand on federal protections. For example, New York’s Paid Prenatal Leave law requires all private-sector employers to provide 20 hours of paid leave specifically for prenatal medical care, separate from other leave entitlements. Other states may require accommodations for pregnancy-related limitations regardless of employer size. When both state and federal laws apply, employers must follow whichever law provides stronger employee protections.

Employers cannot discriminate against or retaliate against workers who request or use pregnancy accommodations. They also cannot force employees to take unpaid leave if a reasonable accommodation would allow them to continue working. Anti-discrimination laws protect employees from being demoted, fired, or harassed for pregnancy-related reasons or for requesting accommodation.

Employers should carefully document the accommodation process, including the employee’s request, any medical documentation provided, notes from the interactive discussion, and the final accommodation agreement. WorkWise’s bundle provides sample forms and policy templates for this purpose. All records should be kept confidential and stored separately from regular personnel files.

Yes. The PWFA covers any limitation arising from pregnancy, childbirth, or related medical conditions. This includes miscarriage, pregnancy loss, postpartum depression, and lactation. Employers must consider reasonable accommodations for employees experiencing these conditions if they limit the employee’s ability to perform job duties.

Employers must continue to provide reasonable accommodations for postpartum employees as needed. This can include flexible schedules, light-duty work, or pumping breaks. The PUMP Act specifically requires employers to provide time and a private, sanitary space for expressing breast milk. Small employers may be exempt only if providing such space would cause an undue hardship.

Employers who fail to comply with the PWFA or related federal and state laws may face EEOC complaints, private lawsuits, or state agency investigations. Penalties can include back pay, reinstatement, compensatory damages, and payment of legal fees. Violations of the PUMP Act can result in fines and other enforcement actions. Employers may be ordered to change policies, provide training, or stop retaliatory practices. Beyond legal risks, non-compliance can also harm a company’s reputation and employee trust.