Two new laws, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP) were signed into law in late 2022. These laws require employers to extend protections to employees who are pregnant, have pregnancy-related medical conditions, or are nursing.
The PWFA requires employers to offer reasonable accommodations to qualified employees who need accommodations due to pregnancy, childbirth, or pregnancy-related medical conditions. This law follows many of the accommodation requirements under the Americans with Disabilities Act (ADA), with some exceptions.
The PUMP Act expands the accommodations that must be given to employees who need to express milk. Existing law requires employers to provide break time and a private location to non-exempt (hourly) employees who need to express breast milk. The PUMP Act expands protections to exempt employees.
Employers should understand the new laws and revise reasonable accommodation/break policies, if needed, to take into account new requirements. Employers should also be sure to consult state and local laws which may afford additional protections to pregnant and nursing mothers.
