– The Pregnant Workers Fairness Act applies to private sector employers with 15 or more employees, as well as public sector employers.
– It requires covered employers to provide reasonable accommodations to an employee’s or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless it would cause the employer undue hardship.
– The effective date of this Act is June 27, 2023.
PUMP for Nursing Mothers Act
– The PUMP Act is already in effect, with the exception of some remedies provisions.
– It requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth.
– Employers must also provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, for the employee to express breast milk.
Private employers should familiarize themselves with these Acts and take steps to ensure compliance before the effective dates. – The PWFA requires that limitations related to pregnancy, childbirth, and related medical conditions should be treated like disability-related limitations under the ADA.
– The PWFA defines a “qualified employee” to include those with a temporary inability to perform an essential function of the job, if that inability can be reasonably accommodated and the essential function can be performed in the “near future.”
– Examples of possible reasonable accommodations under the PWFA include the ability to sit, drink water more frequently, closer parking, flexible hours, provision of appropriately sized uniforms/safety apparel, additional break time, leave or time off to recover from childbirth, and reduced lifting requirements.
– Retaliation for requesting a reasonable accommodation under the PWFA is prohibited.
– Communication is important for the interactive process between employers and employees when addressing PWFA requirements in the workplace.
– Covered employers may not require a qualified employee to take leave if another reasonable accommodation can be provided. – The PUMP Act requires most employers to provide reasonable break time and a private, sanitary place for nursing mothers to express breast milk.
– Employers with fewer than 50 employees may be exempt if compliance would cause an undue hardship.
– Employers must allow a reasonable break time for each need to express milk, and provide a space shielded from view and free from intrusion, but not in a bathroom.
– Exempt employees must be paid their full weekly salary, and for non-exempt workers, breaks may or may not be paid depending on work interruptions.
– Employers can get creative in finding solutions, such as partnering with other businesses to provide private spaces, or using portable pumping stations or privacy screens. Managers should be educated on the requirements, and employees who need breaks should have clear communication channels. – It is important for organizations to consider their culture and environment when providing breaks for employees.
– Teleworking employees who need PUMP Act breaks should not be observed by any employer-provided video system during their breaks.
– Employers should count the highest number of employees on payroll for 20 or more weeks in the current or prior calendar year when determining the applicability of relevant laws.
– For more information, individuals can contact the author, Ruth Vafek, or any attorney in Berger Singerman’s Labor and Employment group.
https://bergersingerman.com/news-insights/client-alert-new-pregnant-workers-fairness-act-pwfa-and-providing-urgent-maternal-protections-for-nursing-mothers-act-pump-act-what-do-private-employers-need-to-know-to-comply
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