The U.S. Equal Employment Opportunity Commission (EEOC) has released new guidance for healthcare providers to help their patients obtain reasonable accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA). This federal law, which went into effect on June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers.
The guidance notes that Healthcare providers can play a crucial role in helping pregnant patients obtain necessary accommodations by:
- Informing Patients About the PWFA. Educating patients about their rights under the law and how to request an accommodation.
- Suggesting Potential Accommodations. Recommending specific accommodations that may be helpful, such as extra breaks, modified work schedules, or ergonomic adjustments.
- Providing Supporting Documentation. When necessary, provide medical documentation to support a patient’s accommodation request.
Key Points for Employers
- Reasonable Accommodations. Employers are required to provide reasonable accommodations to pregnant workers unless doing so would impose an undue hardship on the operation of the business.
- Documentation. If necessary, employers may request medical documentation to support a pregnant worker’s accommodation request. However, there are some exceptions where documentation should not be requested, such as additional restroom breaks or breaks for water or sitting/standing as needed.
- Potential Accommodations. Examples of reasonable accommodations include:
- Extra or longer breaks
- Modified work schedules
- Ergonomic adjustments
- Light-duty work
- Telework
- Leave for health care appointments;
- Light duty or help with lifting or other manual labor; or
- Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.
Next Steps for Employers
To ensure compliance with the PWFA, employers should:
- Review and Update Policies. Review and update employee handbooks and policies to reflect the requirements of the PWFA. Develop clear procedures for handling accommodation requests from pregnant workers.
- Review and Update Documentation Policies and Procedures. Requirements for documentation under the PWFA are limited. While having a pregnancy accommodation form is permitted, do not require a specific form to be used for the supporting documentation for a PWFA accommodation—accept other relevant forms of documentation.
Ensure you request only relevant information, except in cases where the pregnancy-related condition may also be covered by the ADA or considered a serious health condition covered by the FMLA.
- Train Employees. Provide training to HR personnel, managers, and supervisors on the PWFA and how to handle accommodation requests.
- Establish a Culture of Accommodation. Create a workplace culture that is supportive of pregnant workers and encourages open communication about their needs.
