1. The Pregnant Workers Fairness Act (PWFA) was signed into law on December 29, 2022, and goes into effect on June 27, 2023.
2. The PWFA requires certain employers, including most private employers with 15 or more employees, to make reasonable accommodations for qualified employees’ and applicants’ known limitations related to pregnancy, childbirth, or related medical conditions.
3. The PWFA adopts several key definitions from the Americans with Disabilities Act (ADA), including the definitions of “undue hardship” and “reasonable accommodation.”
4. Under the PWFA, an employee or applicant who is unable to perform the essential functions of their position may still be “qualified,” if the inability to perform is temporary, will end in the near future, and can be reasonably accommodated.
5. A covered employer cannot require a covered employee to take leave (paid or unpaid) as a PWFA accommodation if another reasonable accommodation is available. – The PUMP Act covers most employers and provides protections for nursing employees to take breaks to express breast milk.
– The Act applies to both non-exempt and exempt employees under the Fair Labor Standards Act.
– Employers must provide a private location, other than a bathroom, for nursing employees to express breast milk for up to one year following the birth of their child.
– Non-exempt employees’ pumping breaks must be considered time worked, unless they are completely relieved of duty.
– Small employers with fewer than 50 employees may be excluded from the Act if compliance would create undue hardship.
– Employers should review their existing lactation policies to ensure compliance with the PUMP Act.
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