Human Resources

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA), went into effect on June 27, 2023. On April 15, 2024, the EEOC issued its final regulation to carry out the law. The final regulation is effective as of June 18, 2024. PWFA mandates that employers provide reasonable accommodations to a qualified applicant’s or employee’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, absent undue hardship on the University. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. Final provisions of the PWFA can be found here: PWFA.

Key Provisions of the Pregnant Workers Fairness Act

  • Employers must provide reasonable accommodations to pregnant qualified applicants and employees under the PWFA.

  • Accommodations may include, but are not limited to, more frequent bathroom breaks, seating, limits on heavy lifting, temporary transfer to less strenuous or hazardous positions, flexible scheduling and leave.

  • The EEOC has identified a list of Predictable Assessments that are required to be accommodated immediately:
    • Allowing an employee to carry or keep water and drink, as needed, in or nearby the employee’s work area;
    • Allowing an employee to take additional restroom breaks, as needed;
    • Allowing an employee whose work requires standing to sit, and vice versa, as needed;
    • Allowing an employee to take breaks, as needed, to eat and drink

  • Additional examples of reasonable accommodations that do not require medical documentation include but are not limited to:
    • Changing a uniform or dress code or providing safety equipment that fits;
    • Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
    • Telework;
    • Temporary reassignment;
    • Temporary suspension of one or more essential functions of a job;
    • Leave for health care appointments;
    • Light duty or help with lifting or other manual labor

  • In some instances, medical documentation may be requested. Examples that may require medical documentation include, leave to recover from childbirth or other medical conditions related to pregnancy or childbirth, including but not limited to, infertility and fertility treatment, high blood pressure, menstruation, use of birth control, and termination of pregnancy, including miscarriage. These requests should be submitted to PWFA Accommodation Request.

  • Employers cannot force an employee to take leave if another reasonable accommodation can be provided that would allow the employee to continue working. Employers must consider other accommodations before requiring an employee to take leave.

  • Employers are required to engage in an interactive process with employees to determine reasonable accommodations. This involves a dialogue between the employer and employee to identify needs and explore effective accommodation solutions. Please refer to the Supervisor Responsibilities and Resources and Employee Responsibilities and Resources guides for your role as the supervisor or employee.

  • Employers must inform employees of their rights under the PWFA. This includes posting notices in the workplace and providing information in employee handbooks or other written communication

These provisions aim to ensure that pregnant workers are treated fairly and can continue to work safely without facing discrimination or unnecessary hardship. Employers are encouraged to be proactive in creating supportive workplace environments that accommodate the needs of qualified applicants and employees.

Pregnant Workers Fairness Act Responsibilities and Resources

Please refer to the following responsibilities and resources for employees and supervisors:  

Pregnant Workers Fairness Act (PWFA)

Employee Responsibilities and Resources

What does the PWFA do?

The Pregnant Workers Fairness Act (PWFA) ensures that employees are protected and accommodated during pregnancy, childbirth, and related medical conditions. This guide outlines your rights under the PWFA and provides practical steps to exercise those rights. The PWFA requires the university to make reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, absent undue hardship on the University. Examples of pregnancy- related medical conditions include, but are not limited to, infertility and fertility treatment, high blood pressure, menstruation, use of birth control, and termination of pregnancy, including miscarriage. The act also protects employees from discrimination and retaliation related to these conditions.

How do I let my supervisor know I need an accommodation under the PWFA?

You have the right to request reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions. Inform your supervisor that you need an accommodation related to your pregnancy, childbirth, or related medical condition. This request can be submitted verbally or in writing. It is encouraged that if the request is made verbally that you or your supervisor follow up via email with the confirmation of the conversation and accommodation to be provided. Be clear about your need for an accommodation and what accommodation you are requesting.

What are allowable accommodations?

Examples of reasonable accommodations that do not require medical documentation include:

  • Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
  • Changing food or drink policies to allow for a water bottle or food;
  • Changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing;
  • Changing a uniform or dress code or providing safety equipment that fits;
  • Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
  • Telework;
  • Temporary reassignment;
  • Temporary suspension of one or more essential functions of a job;
  • Leave for health care appointments;
  • Light duty or help with lifting or other manual labor
Examples of reasonable accommodations that may require medical documentation include:
  • Leave to recover from childbirth
  • Other medical conditions related to pregnancy or childbirth, including but not limited to,
    infertility and fertility treatment, high blood pressure, menstruation, use of birth control,
    and termination of pregnancy, including miscarriage.

Please note, these lists provides some examples; many other reasonable accommodations may
exist. Also, you may need different accommodations at different times during the pregnancy,
childbirth, or related medical conditions and will need to communicate that with your supervisor.

Resources

If you have questions or concerns with an accommodation request, please contact your Human
Resource Business Partner for guidance.

PWFA requests that may require medical documentation or require additional review can be
submitted to PWFA Accommodation Request for review and evaluation. An HR representative
will reach out to you within 48-72 hours of the request being submitted.

Pregnant Workers Fairness Act

Supervisor Responsibilities and Resources

What does the PWFA do?

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the university. Examples of pregnancy- related medical conditions include, but are not limited to, infertility and fertility treatment, high blood pressure, menstruation, use of birth control, and termination of pregnancy, including miscarriage. The act also protects employees from discrimination and retaliation related to these conditions.

How do I help employees?

Employees may request accommodations verbally or in writing. Be attentive to both forms of requests and provide assistance and decision as quickly as possible, even if you need to allow accommodation temporarily while considering longer term options. The employee should inform the supervisor that they have a limitation and that they need an adjustment or change in their working conditions. Examples of this may be:

  • “I’m having trouble getting to work at my scheduled starting time because of morning sickness.”
  • “I need more bathroom breaks because of my pregnancy.”
  • “I need time off from work to attend a medical appointment because of my pregnancy.”

If an employee requests an accommodation because of their pregnancy, childbirth, or related medical condition, you should ask the employee what accommodation they’re seeking and work collaboratively to a solution. If an employee has identified pregnancy or related medical condition and requests an accommodation, the department must provide reasonable accommodations.

What documentation is required?

The employee can verbally request an accommodation. It is encouraged that supervisors send a follow up email to the employee acknowledging the discussion and agreed upon accommodation. If appropriate, the Human Resources Business Partner should be cc’d on the email.

If the accommodation request is for leave before, during or after pregnancy, or for a related medical condition, a formal request should be submitted to PWFA Accommodation Request.

What are approved accommodations?

Most accommodations do not require medical documentation and proof of the need of an
accommodation cannot be requested, in most cases. The EEOC has provided a list of
predictable assessments that are required to be accommodated immediately. This list is as
follows:

  • Allowing an employee to carry or keep water and drink, as needed, in or nearby the
    employee’s work area;
  • Allowing an employee to take additional restroom breaks, as needed;
  • Allowing an employee whose work requires standing to sit, and vice versa, as needed;
  • Allowing an employee to take breaks, as needed, to eat and drink
Additional reasonable accommodations that do not require medical documentation include but
are not limited to:
  • Changing a uniform or dress code or providing safety equipment that fits;
  • Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
  • Telework;
  • Temporary reassignment;
  • Temporary suspension of one or more essential functions of a job;
  • Leave for health care appointments;
  • Light duty or help with lifting or other manual labor
Examples of reasonable accommodations that may require medical documentation include:
  • Leave to recover from childbirth;
  • Other medical conditions related to pregnancy or childbirth, including but not limited to,infertility and fertility treatment, high blood pressure, menstruation, use of birth control,and termination of pregnancy, including miscarriage.

Please note, these lists provide some examples; many other reasonable accommodations may
exist. Also, a worker may need different accommodations at different times during the
pregnancy, childbirth, or related medical condition. Ensure accommodations are put in place
without unnecessary delay.

Resources

If you have questions or concerns with an accommodation request, please contact your Human
Resource Business Partner for guidance.

PWFA requests that may require medical documentation or require additional review can be
submitted to PWFA Accommodation Request for review and evaluation. An HR representative
will reach out to the employee within 48-72 hours of the request being submitted.

Questions

If you have questions or concerns with an accommodation request, please contact your Human Resource Business Partner for guidance.

PWFA requests that may require medical documentation or require additional review can be submitted to PWFA Accommodation Request for review and evaluation. A representative from HR will reach out to you within 48-72 hours of the request being submitted.