On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, and formally adopted two new laws aimed at enhancing protections for pregnant employees and nursing parents in the workplace. The Pregnant Workers Fairness Act (the "PWFA") requires covered employers to provide a reasonable accommodation to qualified applicants and employees with known limitations due to pregnancy, childbirth, or related medical conditions. The Providing Urgent Maternal Protections for Nursing Mothers Act (the "PUMP Act") expands on existing protections for employees who need time at work to express breast milk. In light of the obligations imposed by these two new laws, employers should review their current policies concerning reasonable accommodations and rest breaks for pregnant or nursing employees. Employers should also ensure that they comply with applicable state and local laws, which in many cases place additional requirements on employers with regard to pregnant or nursing employees.
The PWFA formally goes into effect on June 7, 2023 and requires employers with 15 or more employees to reasonably accommodate otherwise qualified job applicants or employees with known physical or mental limitations due to pregnancy, childbirth, or related conditions.
Prior to the PWFA, under federal law, employers were only required to provide an accommodation to pregnant employees when the employee's pregnancy, childbirth, or related medical condition resulted in a...
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