Page 5 - The MIL Leadership Line: August 2024

Employment Law Update

The Pregnant Workers Fairness Act (PWFA) is designed
to ensure that pregnant workers receive reasonable
accommodations and protections in the workplace.
Essentially, employers must accommodate all health needs
at work arising from pregnancy, childbirth, and related
conditions.

Examples of accommodations include more frequent
breaks, modified work schedules, temporary reassignment
to less strenuous or hazardous duties, and the provision
of equipment to assist with job duties . Some examples
include:
» Need to attend prenatal care appointments (grant
requests for time off)
» Risk posed by working with chemicals (change job
duties or provide effective PPE)
» Need to eat more due to breastfeeding (provide
additional lunch break or allow snacking)
» Need to attend appointments for IVF (allow schedule
changes)

» Risk to pregnancy from communicable diseases
(authorize remote work)

» Need to recover from childbirth, miscarriage, or
abortion (provide leave)

To qualify for workplace changes, an employee’s
limitations do not have to be major or ongoing; minor
and episodic needs must be accommodated too. Even
employees who can perform all of their regular job duties
may still seek accommodations to avoid pregnancy risks or
to alleviate pain.

Once an employee makes “known” to their supervisor that
they have a limitation related to pregnancy, childbirth,
or a related medical condition and need a change in how
they work, the employer is obligated to either provide an
effective accommodation or to engage with the employee to
identify one.

If you have any questions, please contact your Human
Resources Business Partner.

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