From cradle to compliance, here’s what HR should know about PWFA

Welcome to The Benefits Briefing, where we discuss the most recent topics in leave management, compliance, regulations, HR tools and so much more. We’re no longer expecting updates to the Pregnant Workers Fairness Act (PWFA) as the U.S. Equal Employment Opportunity Commission (EEOC) has delivered its final legislative updates to the law that went into effect on June 18, 2024.

While PWFA doesn’t replace any existing federal, state or local laws, it does give birth to a new era of protection for working women. This federal regulation offers support to pregnant and postpartum employees, as well as those with pregnancy-related medical conditions. Since it impacts employers with 15 or more employees, navigating the new norm will present challenges for most employers. With topics ranging from extra nursing breaks to embracing flexibility for expecting employees with intermittent leave, join us as we bump up our knowledge of the new law.

1: Who's covered and what's cared for under the PWFA

The PWFA applies to private and public employers with 15 or more employees. It also applies to employment agencies, labor organizations, Congress and federal agencies.

Eligible employees are those who have limitations due to pregnancy, childbirth or related medical conditions. They must be employed by companies that provide coverage and be temporarily unable to fulfill the necessary duties of their job, with the intention of being able to do so in the near future.

Long story short, many employers and many women are impacted by this legislation and it’s time to plan out how to provide the new accommodations.

2.  How PWFA supports working mothers

The PWFA signifies a pivotal shift in providing workplace accommodations by including a wide range of conditions associated with pregnancy, childbirth and pregnancy-related medical issues. These include not only postpartum conditions but less-discussed aspects like:

• Fertility treatments
• Gestational diabetes
• Postpartum depression
• Lactation needs

Since PWFA covers more pregnancy-related events, employees could be out on protected leave intermittently throughout their pregnancy and even postpartum, creating more leave challenges for HR.

3. Make room for motherhood in the workplace

Since PWFA covers more than just standard pregnancy, employers should be ready to always accommodate. This includes providing simple modifications like allowing an employee to carry water to drink in their work area, as well as letting them take breaks as needed to eat or rest. Depending on the scenario, other reasonable accommodations under the PWFA can look like this:

• Allowing a pregnant employee to work from home or more flexible hours, including adjusting a work schedule to accommodate morning sickness, bedrest, postpartum recovery or other related medical needs
• Offering a private space other than a bathroom for lactation needs
• Modifying job duties to restrict strenuous activity or exposure to unsafe conditions during pregnancy
• Providing more flexibility around breaks or accommodating employees with a stool or chair if they need to sit or rest
• Making appropriately sized uniforms and safety apparel

These simple modifications can make a world of difference for expecting employees, allowing them to perform essential job functions with less discomfort.

4. PWFA simplifies how employees request accommodations

When it comes to requesting accommodations under the PWFA, the law clarifies that employees don't need to use specific legal language when requesting accommodations. This means that any expression of need related to pregnancy or related conditions could trigger the employer's obligation to engage in the interactive process.

So it's important for employers to educate managers and HR personnel on how to identify and handle accommodation requests, which could range from a casual mention of discomfort to a written request.

5. PWFA takes undue hardship a step further

When it comes to undue hardship, the PWFA is similar to the ADA. Both laws say that an employer must provide reasonable accommodations unless doing so would be too difficult.

However, what makes PWFA unique is that it requires the suspension of necessary work responsibilities, which goes beyond the requirements of the ADA.

Under the final PWFA rule, employers can consider the following factors to determine whether an accommodation would create undue hardship:

• The duration for which an applicant or employee will be unable to perform the essential functions
• The availability of work that the employee can accomplish
• The nature and frequency of the essential job functions
• The employer's history of providing temporary suspensions of essential functions to other employees in similar positions
• The availability of other employees, temporary workers or third parties to perform or be temporarily hired for the essential functions
• The possibility of postponing or leaving the essential functions unperformed and the duration for which this can be sustained

Embracing these changes isn't just a federal regulation; it also helps create a workplace that stands out not just for its compliance but for its compassion and support. After all, a happy, healthy workplace is the best kind of business bundle.

Looking for more?

By grasping the essentials of the PWFA, employers aren't just complying — they're caring! Learn more about actionable steps you can take toward improved compliance below.

Thank you for reading this month's edition of The Benefits Briefing. Don’t be shy — let us know in the comments what you think about the latest ruling on PWFA and what topics you’d like us to talk about next. You never know what new conversations could be sparked with other professionals.

The information provided is not legal advice and should not be relied upon or construed as legal advice. unum.com

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