The Pregnant Workers Fairness Act (PWFA) is a big step forward for the rights of pregnant employees in the U.S. Enacted in 2023, the PWFA makes sure that employees affected by pregnancy, childbirth, or related medical conditions get the reasonable accommodations they need to keep working without facing unnecessary hardships or discrimination. Here’s a friendly rundown of what you need to know about the PWFA and how it affects both employers and HR professionals.
What is the PWFA?
The PWFA applies to employers with 15 or more employees, including private companies, government agencies, employment agencies, and labor organizations. It covers both current employees and job applicants, ensuring they are not discriminated against based on pregnancy, childbirth, or related medical conditions.
Reasonable Accommodations: What You Can Expect
One of the key parts of the PWFA is that employers must provide reasonable accommodations to pregnant workers. These accommodations help employees do their job without risking their health or safety. Examples include:
- Taking more frequent or longer breaks
- Providing a chair or allowing the employee to sit more often
- Changing work schedules, like flexible hours or reduced hours
- Temporarily reassigning less physically demanding tasks
- Offering light-duty assignments
- Allowing remote work
- Providing help with manual labor tasks
- Adjusting workplace policies
Working Together: The Interactive Process
The PWFA highlights the importance of employers and employees working together to figure out the best accommodations. This means talking about the employee’s needs, exploring possible accommodations, and seeing if any proposed accommodation would be too difficult or expensive for the employer to provide.
No Discrimination or Retaliation
The PWFA makes it clear that employers can’t deny job opportunities based on the need for accommodations. It also protects employees from retaliation for requesting or using accommodations related to pregnancy, childbirth, or related conditions. Creating a supportive environment where employees feel comfortable asking for accommodations is essential.
Keeping Things Safe and Confidential
HR professionals need to make sure the workplace is safe for pregnant employees. This might mean checking for potential hazards and making necessary changes to protect both the employee and the baby. Keeping medical information and accommodation requests private is also crucial to respect employees’ confidentiality.
Supporting Post-Pregnancy Needs
Support doesn’t stop after childbirth. HR should be ready to provide accommodations for breastfeeding, postpartum recovery, and the transition back to work. This ensures employees get continuous support throughout pregnancy and after.
Staying Compliant and Managing Risks
Compliance with the PWFA helps protect organizations from legal risks and potential lawsuits. HR must stay updated on legal requirements and ensure company practices match these standards. Regularly reviewing accommodation policies and practices can also help reduce risks and keep employees happy and engaged.
How It Fits with Other Laws
The PWFA works alongside other laws like the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA). HR professionals must ensure company policies meet all relevant legal requirements, offering comprehensive protection for pregnant employees.
Attracting and Keeping Talent
Showing that you comply with the PWFA and support pregnant employees can boost your company’s reputation as a great place to work, attracting top talent. Supporting pregnant employees can also improve retention, reducing turnover costs and keeping your workforce stable and experienced.
HRDelivered: Your PWFA Partner
Navigating the PWFA and ensuring compliance can be challenging, but HRDelivered is here to help. Our team of HR experts is dedicated to providing support and guidance on all aspects of the PWFA. From policy development and training to ongoing support and risk management, HRDelivered is your trusted partner in creating a compliant and supportive workplace for all employees.
By partnering with HRDelivered, you can confidently navigate the PWFA requirements and create a positive, inclusive environment that supports the well-being and productivity of your pregnant employees. Contact us today to learn more about how we can help your organization thrive under the PWFA.
