Understanding Pregnancy Accommodations: A Quick Guide for Employers

Employers ensuring that workplace policies are both compliant and empathetic is vital, especially when it comes to supporting pregnant employees and/or employees with pregnancy-related conditions. Recent federal legislation, coupled with evolving workplace best practices, has underscored the importance of understanding and applying these protections correctly.

Pregnancy and the ADA

While pregnancy itself is not classified as a disability under the Americans with Disabilities Act, or ADA, many pregnancy-related impairments can be recognized as disabilities. This means that when an employee experiences a pregnancy-related condition like anemia, sciatica, gestational diabetes, preeclampsia or mental health conditions, the ADA’s reasonable accommodation requirements may apply.

The PWFA

Enacted to further protect the rights of pregnant employees, the Pregnant Workers Fairness Act, or PWFA, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions — unless doing so would cause undue hardship. The law mirrors key ADA principles, including definitions of “essential function,” “reasonable accommodation” and “undue hardship,” and expects employers to apply a similar interactive process.

The PWFA does not override state or local laws that may offer greater protections, so it’s important for HR teams to stay up to date on all applicable regulations.

The FLSA and the PUMP Act

Under the Fair Labor Standards Act, or FLSA, further expanded by the Providing Urgent Maternal Protections, or PUMP for Nursing Mothers Act, employers are required to provide reasonable break time for employees to express breast milk for their nursing child — for one year after birth. Employees must have access to a private space — that is not a bathroom — shielded from view and free from intrusion. Breaks beyond the first year may be considered reasonable accommodations under the PWFA.

Pregnancy-Related Accommodation Requests

It’s important to take each accommodation request seriously and remember your employer responsibilities to:

• Engage in the interactive process: Discuss the employee’s needs and explore potential accommodations with them.
• Offer examples of accommodations: Share common examples with employees, which can include a modified schedule, extra breaks, a chair or stool, a modified attendance policy, or temporary adjustments to job duties.
• Document the process: Keep records of conversations or interactions and decisions made during the accommodation process.
• Provide reasonable accommodations: Grant accommodations that address the employee's medical limitations, unless it would cause an undue hardship.

It’s also important to refrain from activities that create additional obstacles for employees. For example, you may request documentation to help determine how to accommodate your employee’s limitations or restrictions; however, you should refrain from unnecessary requests. Examples of when documentation is not reasonable:

1. The request is regarding nursing during work hours or pumping at work.
2. The limitations and accommodation are obvious.
3. The limitations and accommodation are already known.
4. Employers’ own policies or practices would not seek supporting documentation from nonpregnant workers.

Practical Application: Handling Accommodation Requests

Scenario 1

Your employee has a known limitation related to pregnancy, childbirth or related medical conditions (employer has been informed). They have requested a change related to:

• Carrying or keeping water nearby and drink as needed
• Having additional restroom breaks as needed
• Sitting if work requires standing or standing if work requires sitting as needed
• Taking a break to eat and drink as needed

Ideal Request Handling

An individual assessment in these situations should be simple and straightforward. In unique circumstances, an employer may be able to demonstrate undue hardship.

Best Practices

Document the interaction and accommodation provided.

Primary Applicable Law(s)

The primary applicable laws include PWFA, PUMP Act and applicable state and local laws.

Scenario 2

Your employee has a known limitation related to pregnancy, childbirth or related medical conditions. They cannot perform the essential functions of the job for a temporary period (typically within 40 weeks) and have requested a change in the workplace.

Ideal Request Handling

• Employers must make an individual assessment on a case-by-case basis.
• You may only request documentation when it is reasonable and only (minimum) documentation sufficient to:
  • Confirm the condition (impediment/problem/health care)
  • Confirm the condition is “related to, affected by or arising out of pregnancy, childbirth or related medical condition”
  • Describe the adjustment or change needed due to the limitation
• In some circumstances, this type of request may create an undue hardship

Best Practices

• Document the interaction and accommodation provided.
• Offer leave as an accommodation only after all other reasonable accommodation options have been exhausted.
• Respond promptly to requests for accommodation.

Primary Applicable Law(s)

The primary applicable laws include PWFA, PUMP Act and applicable state and local laws.

Scenario 3

Your employee has a pregnancy-related impairment that substantially limits one or more major life activities or substantially limited major life activities in the past. Examples of pregnancy-related conditions include anemia, sciatica, gestational diabetes, preeclampsia or mental health conditions. The employee can perform the essential functions of the job with or without accommodation and has requested a change in the workplace.

Ideal Request Handling

Employers must make an individual assessment on a case-by-case basis.

Best Practices

Document the interactive process with the employee and, if needed, their medical provider so you can make decisions about accommodation options.

Primary Applicable Law(s)

The primary applicable laws include ADA, PWFA, PUMP Act and applicable state and local laws.

Key Takeaways for HR Professionals

• Understand federal, state and local laws impacting pregnancy accommodations. Leverage your legal counsel for the latest regulatory guidance.
• Apply the interactive process thoughtfully and document every step.
• Be proactive — timely communication and individualized assessment are essential.
• Consider providing leave only after all other reasonable accommodations have been exhausted.
• Maintain privacy and empathy throughout the process.

The Standard offers ADA Accommodation Services and Pregnancy Accommodation Services that support employers in meeting their compliance obligations. Our services facilitate the interactive process between the employee, employer and medical provider, including an employee interview leading to personalized accommodation recommendations based on job functions and medical limitations.

For more information about how The Standard can help support your employees and meet your compliance obligations, contact your account manager or a representative near you.