What should you as an employer know about the PWFA?
The Pregnant Workers Fairness Act (PWFA) is a federal law that the U.S. Congress expanded to include further provisions for pregnant women and women after childbirth. Because Congress based the PWFA on New York’s model, these changes may or may not affect NY employers. This is especially true if employers were already in compliance with New York’s laws. However, the federal amendments took effect in June 2023. It is wise to ensure you are in compliance.
The following are frequently asked questions about the PWFA
Under the Pregnant Workers Fairness Act, who is a covered employer?
A covered employer is a private or public sector employer with a minimum of 15 employees. Public sector employers would include Congress, federal agencies, employment agencies and labor organizations.
What does the PWFA require employers to do?
Employers must make reasonable accommodations for a worker’s limitation related to pregnancy, childbirth or related medical conditions.
What types of accommodations should employers consider making?
The following are examples of reasonable accommodations:
- Leaves or time off work to recover from childbirth
- Closer parking
- Flexible work hours
- Appropriate uniforms for size and safety
- Work activities that are not too strenuous and help keep the employee safe
- Additional break times for using the restroom, eating and resting, expressing breast milk
- Appropriate accommodations for mothers expressing breast milk based on the NYSDOL guidelines
- Easy access to drinking water and for sitting
What protection does the PWFA offer employees?
The act prohibits employers from certain types of actions, including:
- Forcing an employee to agree to an accommodation without discussing the accommodation with the employee first
- Based on reasonable accommodations, denying a job to a qualified employee or denying them other employment related opportunities
- When a reasonable accommodation is possible, requiring the employee to take a leave from work instead
- Retaliation against a worker for reporting PWFA violations, including unlawful discrimination or participation in an investigation
- Interference with a worker’s PWFA rights
As an employer, do you have questions about how the PWFA applies to your business?
If you have questions, consult with us and get a legal opinion. You can discuss your issues with our attorneys at Stephen D. Hans & Associates, P.C. We are glad to provide you with experienced legal guidance. Call (718) 275-6500 to arrange an appointment.