As reported in our January 10 alert, the federal Pregnant Workers Fairness Act (PWFA) goes into effect on June 27.

While our prior alert contained the details of this new law, here are a few practical steps to consider/questions to ask yourself as the PWFA goes into effect:

1. Do you need to update the “pregnancy/maternity leave” section of your employee handbook in light of this new law?

The answer to this question is YES if you currently offer a set amount of “pregnancy/maternity leave.” Like the federal Americans with Disabilities Act (ADA), the new PWFA requires that “leave” be considered as a “reasonable accommodation.” This means merely offering a set amount of “pregnancy/maternity leave” per a uniform – i.e., “everyone gets the same amount of leave” -- policy may actually violate this new law if that is all you are offering pregnant employees per your handbook.

2. Are your front-line supervisors aware that “pregnancy” under the PWFA soon will be treated the same as a “disability” under the ADA? Supervisors need to understand that your company will need to offer accommodations to pregnant employees, such as light duty, which previously may have only been offered to those injured on the job and/or who had serious, long-term medical conditions such as cancer, PTSD and diabetes.
3. Your employee handbook should be updated to list “pregnancy” as its own protected class in both your “Equal Employment Opportunity” and your “Accommodation Request” sections.
4. The “Accommodation...

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