PWFA Guide for Employers
The Pregnant Workers Fairness Act impacts how employers respond to pregnancy-related limitations, temporary restrictions, workplace accommodations, leave requests, and return-to-work needs.
What Is the PWFA?
The Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause undue hardship.
Which Employers Are Covered by PWFA?
15+ Employees
PWFA generally applies to employers with 15 or more employees.
Applicants and Employees
PWFA protections may apply to both qualified employees and job applicants.
Reasonable Accommodation
Employers may need to consider workplace changes unless they create undue hardship.
What Types of Situations May Trigger PWFA Review?
A PWFA review may be triggered when an employee or applicant communicates a limitation connected to pregnancy, childbirth, or a related medical condition and needs a workplace change.
Examples may include lifting limits, standing restrictions, or schedule needs.
Temporary workplace adjustments or leave may be needed after childbirth.
Conditions connected to pregnancy or childbirth may require accommodation review.
Workplace time, space, or schedule coordination may be needed.
Examples of PWFA Accommodation Areas
Temporary Work Restrictions
Temporary lifting restrictions, modified duties, light duty review, or assistance with certain physical tasks.
Schedule Changes
Adjusted start times, additional breaks, modified schedules, or flexibility for appointments.
Workspace or Equipment Changes
Providing seating, modified uniforms, accessible equipment, or workstation adjustments.
Leave When Needed
Leave may be considered, but employers should not automatically require leave if another effective accommodation is available.
PWFA Accommodation Process for Employers
Recognize the Request
An employee does not need to use legal language. A pregnancy-related limitation and request for a workplace change may trigger review.
Understand the Limitation
Clarify what the employee needs and how the limitation affects work, scheduling, duties, or workplace conditions.
Explore Accommodation Options
Consider reasonable options such as breaks, schedule changes, temporary restrictions, equipment, light duty, telework, or leave.
Avoid Automatic Leave Decisions
Do not require leave if another effective reasonable accommodation is available and does not create undue hardship.
Document the Process
Track the request, discussions, documentation, accommodation decision, implementation, and follow-up.
Follow Up as Needs Change
Pregnancy-related needs may change over time, so accommodations may need to be reviewed or adjusted.
PWFA Is Not Just a Leave Law
One of the most important employer lessons is that PWFA often focuses on keeping employees working through reasonable temporary accommodations. Leave may be appropriate in some cases, but it should not be the automatic default when another effective accommodation is available.
PWFA Often Connects With Other Federal Laws
PWFA + FMLA
FMLA may provide protected leave, while PWFA may require reasonable accommodation before, during, or after pregnancy-related leave.
Review FMLA →PWFA + ADA
Some pregnancy-related conditions may also involve ADA review, especially when medical conditions create workplace limitations.
Review ADA →PWFA + Pregnancy Leave
Pregnancy leave administration often requires coordination between federal protections, state laws, benefits, payroll, and return-to-work processes.
Review Pregnancy Leave →Common PWFA Administration Gaps
PWFA Requires Coordination, Not Guesswork
PWFA administration requires employers to recognize requests early, communicate consistently, review accommodations, document decisions, coordinate leave when needed, and train managers on what pregnancy-related accommodation requests may look like.
Continue Exploring Federal Leave Laws
Need Help Reviewing Your Pregnancy Accommodation Process?
Schedule a complimentary FLARE™ Discovery to identify gaps in your accommodation process, leave coordination, manager communication, documentation, and return-to-work workflow.
Schedule a Complimentary FLARE™ DiscoveryFederal Leave Law Information Notice
This page was created for general educational and employer resource purposes only. It is not legal advice and should not be relied upon as a substitute for guidance from qualified legal counsel.
Federal, state, and local leave laws are subject to change. Employer obligations may vary based on organization size, location, industry, employee eligibility, plan documents, collective bargaining agreements, state law, and the specific facts of each situation.
Employers should consult legal counsel, applicable government agencies, plan administrators, carriers, and benefits vendors before making employment, leave, accommodation, benefits, or compliance decisions.
Primary reference sources: U.S. Department of Labor, Equal Employment Opportunity Commission, Department of Health & Human Services, and applicable federal agency guidance.