New Laws Affecting Pregnant & Nursing Workers in Effect!

Two new laws benefiting pregnant employees were recently signed into law.

On June 27, 2023 the Pregnant Workers Fairness Act, which requires employers with 15+ employees to provide reasonable accommodations to an employee’s known limitations connected to pregnancy, childbirth and related medical conditions goes into effect. While similar to the ADA, including the requirement to engage in the Interactive Process, the Act provides additional protections.

Accommodations under the Act may include, allowing the employee to sit instead of stand; providing parking closer to the workplace; allowing additional bathroom breaks; and granting leave to recover from childbirth. The requirements under the Act are in addition to those found in the ADA and FMLA. For example, a pregnant employee who has already exhausted her annual FMLA-related leave allotment, may be entitled to additional leave time to recover from childbirth. Employers may be exempt from accommodations that present an undue hardship, as is the case under the ADA. Here is what the EEOC wants you to know about the PWFA.

This is in addition to the “PUMP Act” which is currently in effect. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expands the right of nursing moms to take breaks and have a private place to express breast milk during work time for up to one year after giving birth. The PUMP Act, applies to all employees (nonexempt and exempt) and allows nursing mothers to take reasonable break times to pump. Employers must provide a location that is shielded from view and not subject to intrusion by others - a bathroom does not qualify. Employers with less than 50 employees may be exempt if complying with the Act poses an undue hardship. Here is what the DOL wants you to know about the PUMP Act.

What does this mean for employers?

It is time to update your handbook to add provisions for the PWFA and PUMP Act. In addition, we recommend employers train their managers and update policies to ensure compliance with these new requirements.

If you have any questions on how these laws affect you or your business please don’t hesitate to reach out: Terri@BarbasCremer.com. We are here to help you address the day to day questions of balancing business concerns, and employee culture.