On December 29, 2022, President Biden signed into law the Pregnancy Workers Fairness Act (the PWFA), which will go into effect on June 29, 2023, and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which took effect immediately. Both laws expand important workplace protections for pregnant employees and provides employees the ability to remain in the workplace during their pregnancy and aid in their return to work post-pregnancy.

The PWFA requires employers with 15 or more employees to provide reasonable, temporary accommodations to pregnant employees with known limitations related to pregnancy, childbirth, and related medical conditions so employees can perform the essential functions of their job during their pregnancy. Examples of reasonable and medically necessary workplace accommodations include providing additional bathroom breaks, lifting restrictions, permitting food and water at a workstation, providing a chair or stool to reduce an employee’s time on their feet, and a separate place to work to reduce exposure to COVID-19 or RSV.

Most importantly, the PWFA adopts the definition of “reasonable accommodations” from the Americans with Disabilities Act (ADA), which means employers must work with employees and engage in an interactive process with pregnant employees who request an accommodation. To read the full text of the Pregnancy Workers Fairness Act, click here.

PUMP amends the Fair Labor Standards Act (FLSA) and requires employees with...

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