New Protections for Pregnant and Breastfeeding Employees

New Protections for Pregnant and Breastfeeding Employees

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA), which requires covered employers to provide reasonable accommodations for employees with medical conditions related to pregnancy and childbirth, as well as the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which expands the 2010 federal breastfeeding law. The PWFA requires employers with 15 or more employees to consider employee and applicant accommodation requests related to pregnancy, childbirth, or related medical conditions the same way it has considered requests for accommodation related to disabilities under the Americans with Disabilities Act (ADA). Additionally, the PWFA prohibits employers from placing a qualified employee on a leave of absence when a different reasonable accommodation option is available. Finally, the Act prohibits retaliation against employees for seeking or taking a reasonable accommodation related to their pregnancy, childbirth, or related medical condition.