Breaking it Down: New Workplace Laws Provide Protections For Pregnant & Nursing Mothers

Two laws were recently passed to assist pregnant and nursing mothers in the workplace: the Pregnant Workers Fairness Act (PWFA Act) and the Providing Urgent Maternal Protections for Nursing Mother Act (PUMP Act).

Pregnant Workers Fairness Act

Effective June 27, 2023, the Pregnant Workers Fairness Act guarantees that new and expecting moms get reasonable accommodations in the workplace. The PWFA is an extension of the Americans with Disabilities Act (ADA) which protects workers from discrimination based on a person’s disability.

Employers covered by the PWFA act are required to provide “reasonable accommodations” to a worker’s known limitations related to:

  • Pregnancy

  • Childbirth

  • Related medical conditions

Exceptions are made if the accommodation would cause the employer an “undue hardship.”

Reasonable accommodations under PWFA include things like:

  • Doctors’ appointments during typical work hours

  • Breaks in a private space to express breast milk (not a bathroom)

  • Changes in dress code

Who is covered by this law?

  • Private and public sector employers with at least 15 employees

  • Employment agencies

  • Labor organizations

  • Congress

  • Federal agencies

The Bottom Line: Starting June 27, 2023, new and expecting moms are guaranteed reasonable accommodations in the workplace.

Why it matters: This extension of the ADA protects pregnant workers from discrimination and ensures they receive necessary support during pregnancy, childbirth and related medical conditions.

Dig Deeper: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act 

Providing Urgent Maternal Protections for Nursing Mothers Act

Effective as of December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act ensures that employers must provide lactating and nursing employees with:

  • A private, non-bathroom space

  • Breaks with a reasonable amount of time to pump breast milk

These protections are guaranteed for up to one year after a child’s birth.

The Bottom Line: The Providing Urgent Maternal Protections for Nursing Mothers Act guarantees lactating and nursing employees a private space and breaks to pump breast milk.

Why it matters: These protections are important for supporting the health and well-being of nursing mothers in the workplace.

Dig Deeper: https://www.dol.gov/agencies/whd/pump-at-work

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