The Pregnant Workers Fairness Act goes into effect today. Here’s what workers and employers should know

President Joe Biden signed the legislation into law in December as part of the year-end omnibus spending bill. As of today, pregnant workers are entitled to “reasonable accommodations” connected to pregnancy, childbirth, and related medical conditions. Previously, workers could claim some protections via the Americans With Disabilities Act and the Pregnancy Discrimination Act, but those processes were more onerous, says Sarah Brafman, national policy director at the worker justice organization A Better Balance. Thirty states—but not all—already have similar protections on the books.

“Before the Pregnant Workers Fairness Act, workers in this country did not have a nationwide, affirmative, explicit right to get accommodations or job changes at work while pregnant or postpartum,” Brafman explains. “And now they will.”

Workers now have legal protection to request “light duty” in physically demanding jobs, temporary transfers to new duties or teams, more frequent bathroom breaks, a stool to sit on at work, permission to eat or drink while working, or additional time off before or after childbirth. The law also protects the jobs of workers who need flexible scheduling for prenatal appointments or remote work arrangements.

When the PWFA was first introduced a decade ago, it was a Democratic bill. By the time it passed last year, protecting pregnant workers had become a bipartisan issue. The Senate voted 73-24 to add these protections to the spending bill with the support of about half the Republican caucus.

In April, the PUMP for Nursing Mothers Act went into effect. That law explicitly requires employers to provide employees with time and space for lactation breaks. Lactation-related needs are also protected through the Pregnant Workers Fairness Act.

“Our federal law, which hasn’t been updated for 40 years, is finally catching up to the needs of workers in this country,” Brafman says.

Emma Hinchliffe
[email protected]
@_emmahinchliffe

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PARTING WORDS

“I give women the same advice as I would give a man and that is make sure you deliver in your current role. That will make an impact on those around you, who will be the ones who give you the best opportunity.”

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