Pregnant Workers Fairness Act
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Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) helps to ensure job protections during pregnancy, childbirth and immediately post-partum. Thanks to the new legislation, pregnant workers will no longer have to choose between a healthy pregnancy and a paycheck.
What does this mean for employers?
The PWFA applies to private and public sector employers with 15 or more employees and requires them to provide workers with reasonable accommodations to any known limitations related to pregnancy, childbirth, or related medical conditions.
What is reasonable accommodation?
According to the Equal Employment Opportunity Commission, “reasonable accommodations are changes to the work environment or the way things are usually done at work.”
To elaborate further, reasonable accommodation should allow an employee with limitations to perform the essential functions of their job. For example, pregnant workers may be unable to lift heavy items, or may need additional break time to use the bathroom.
What about the ADA?
Under the Americans with Disabilities Accommodation Act and ADA Amendment, pregnant workers are not eligible for accommodations without a related medical condition. PWFA is not part of ADA legislation but fills in the gap for pregnant workers with limitations that are solely due to their pregnancy and not a related condition.
How do Employers Ensure Compliance with the new Federal Legislation?
Best practice advice is to follow a process similar to the ADA process.
Engage in an interactive conversation with your employee that involves understanding limitations and discussions of types of accommodations that will allow them to continue performing their essential functions.
Request the necessary medical documentation that explains the employee’s limitations and needs (for example, reduced durations of standing). Note, if the employer is subject to city or state law that protects pregnant workers’ rights, they may be prohibited from requesting medical documentation.
Clearly communicate employer policy and employee expectations, such as notifying the employer when there is a change in limitations.
Focus on the employee’s individual needs while meeting the primary needs of the organization.
As with ADA, it’s imperative that not only your HR team is up to date on the latest legislation, but that your people leaders are aware their responsibilities to uphold employee rights.
What about employers in cities and states with existing Pregnancy leave laws?
The PWFA does not supersede existing local or state legislation pertaining to pregnant workers that is more generous, therefore it’s in an employer’s best interest to ensure they’re up to date on all applicable legislation.
What is Guardian Doing?
As part of our Premier ADA offering, we are administering PWFA similarly to our ADA accommodation process. When an employer or employee calls in with an accommodation request for pregnancy, they will be provided with the appropriate paperwork to initiate the process.
Contact your Guardian sales rep to learn more about how our ADA Premier offering can support you.