On Dec. 29, 2022, President Joe Biden signed an omnibus spending bill, which included the Pregnant Workers Fairness Act ("PWFA") and the Providing Urgent Maternal Protections for Nursing Mothers Act ("PUMP Act"). The measures expand protections for pregnant and nursing workers.
The PWFA, which goes into effect on June 27, 2023, requires employers with 15 or more employees to make reasonable accommodations for a qualified employee affected by pregnancy, childbirth or related medical conditions, provided the accommodation would not impose an undue hardship on the employer. A "qualified employee" is an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of their position.1 The PWFA makes it unlawful for an employer to require a qualified employee to accept an accommodation other than any reasonable accommodation arrived at through an interactive process, or require a qualified employee to take paid or unpaid leave if another reasonable accommodation can be provided. Employers may not deny employment opportunities to, or take adverse action against, qualified employees on the basis of an employee needing, requesting or using a reasonable accommodation.
The PUMP Act, which goes into effect April 28, 2023, expands existing employer obligations under the Fair Labor Standards Act to provide accommodations in the workplace for nursing employees. Employers in New York State and City are already subject to lactation accommodation...
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