As a small business employer, you wear many hats- including legal compliance. Staying up to date on all workers’ rights is important, which includes pregnancy related protections. Not only will staying up to date ensure your business’ legal compliance, but it will also create a supportive environment for your employees.
Federal Protections for Pregnant Employees
At the federal level, three primary laws govern the rights of pregnant employees:
The Pregnancy Discrimination Act (PDA)- The PDA, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers with 15 or more employees must:
Treat pregnancy and related conditions the same as other temporary disabilities in terms of hiring, firing, promotions, benefits, and leave policies.
Provide reasonable accommodations so long as it does not impose an undue hardship, such as modified duties or temporary reassignments.
The Family and Medical Leave Act (FMLA)- If an employer has 50 or more employees within a 75-mile radius, the FMLA grants eligible employees up to 12 weeks of unpaid leave for pregnancy, childbirth, or bonding with a new child*. To be eligible, employees must have worked for the employer for at least 12 months and 1,250 hours within those 12 months. *This includes a newborn, newly adopted child, or a newly placed foster child.
Pregnant Workers Fairness Act (PWFA)- This new federal law (effective June 2023 and regulated by EEOC (Equal Employment Opportunity Commission) starting June 2024) expands accommodation protections for pregnant workers, requiring employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy or childbirth (or a related medical condition) so long as there is no undue hardship on the employer. Types of accommodations include, but are not limited to:
Physical adjustments
Providing ergonomic accommodations
Allowing employees to carry a water bottle to stay hydrated.
Flexible arrangements:
Temporary job assignments
Remote work
Providing a private space, other than a bathroom, for breastfeeding or pumping milk.
These are only a few examples of reasonable accommodations. You can find a summary of the EEOC Regulation regarding the PWFA at: EEOC’s Final Rule on PWFA (2024). Additionally, if you have questions about what is a reasonable accommodation, it is best to consult an attorney.
Pennsylvania Protections for Pregnant Employees
While PA Employers must adhere to the above federal protections, you are also subject to the Pennsylvania Human Relations Act (PHRA). This law mirrors the PDA, above, except it applies to employers with 4 or more employees so it is essential that small business employers stay up to date on this Act.
In sum, the best course of action as an employer with pregnant workers is to be open, communicative, and reasonable. You are not required to place any undue hardship on your business, but it is essential to brainstorm creative solutions to your pregnant workers’ needs to ensure compliance with the EEOC and to be a great employer.
Lastly, in addition to following the laws provided above, it is best practice to make sure your employee handbook is up to date on your maternity leave policies- we can help! Also check out: May the [Work]Force be with You: Key Terms and Benefits of an Employee Handbook.
DISCLAIMER: This blog post is meant for informational purposes only and does not constitute specific legal advice or create an attorney-client relationship. Readers should discuss their specific situation and considerations with an attorney.
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