Page 40 - AASBO EDGE Spring 2025

NAVIGATING WORK AND FAMILY

BY MATT HREHA
What You Need To Know About FMLA and PWFA

Matt Hreha
In today's workforce, balancing professional It is important to note that the FMLA act specifically
responsibilities with personal and family needs can addresses that the leave is unpaid, however some
be a challenge. Federal protections like the Family employers may allow for paid leave time to be used
and Medical Leave Act (FMLA) and the Pregnant during the 12 weeks.
Workers Fairness Act (PWFA) are designed to
support employees during critical life moments – The Pregnant Workers Fairness Act (PWFA) was
whether it's caring for a new child, a personal health effective on June 27, 2023, and builds on the existing
issue, or navigating pregnancy and childbirth. Here's protections for pregnant and postpartum employees.
a quick guide to understanding these two important It requires employers to provide "reasonable
workplace laws. accommodations" to workers' known limitations
related to pregnancy, childbirth, or related medical
The Family and Medical Leave Act (FMLA) conditions, unless the accommodations will cause
was passed in 1993 and is a federal law that grants the employer an "undue harship."
eligible employees up to 12 weeks of unpaid, job
protected leave per year for specific family and PWFA is different than other laws due to the fact
medical reasons. that now pregnant employees do not need to
prove that they are being treated worse than other
To qualify for this leave one must: employees with similar limitations. Now, under the
• Have worked for the employer for at least 12 PWFA, accommodations must be provided based on
months. the individual's needs, regardless of how others are
• Worked at least 1,250 hours of service over the treated.
previous 12 months.
Protections:
FMLA protects: • Employers cannot force accommodations on
• The employee's position (or an equivalent one) employees without a discussion.
upon their return. • Employees cannot be denied a job or fired due to
• The employee's benefits during the leave time. pregnancy related needs.

FMLA covers: FMLA and PWFA Complement Each Other
• The birth of a child or placement of a child with Both laws are complementary to each other by
the employee for adoption or foster care. providing job protections while on leave (FMLA)
• The care for a child, spouse, or parent who has a and accommodations that allow for one to stay on
serious health condition. the job before, during, and after pregnancy (PWFA).
• A serious health condition that makes the
employee unable to work.
• Certain situations related to a family member's
military service.
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40 THE EDGE SPRING 2025