Washington is making significant strides in its commitment to supporting pregnant and postpartum employees. Recent legislative updates, including the passage of Senate Bill 6014 and Senate Bill 5217 clarify employer obligations and strengthen worker privacy regarding pregnancy and lactation accommodations.
While some of these changes are technical corrections, others represent a meaningful expansion of employee rights that all Washington employers must prepare for before they take effect on January 1, 2027.
Key Changes to Pregnancy Accommodations
The updated law refines how employers handle accommodation requests and what information they can legally require from employees.
Medical Certification Limits
Under the current and updated law, employers generally have the right to request written medical certification for accommodations. However, there are some exceptions where an employer may not require a doctor’s note:
- Providing more frequent, longer, or flexible restroom breaks.
- Modifying a “no food or drink” policy.
- Providing seating or allowing the employee to use a stool.
- For lifting limits on lifting over 17 pounds.
Enhanced Privacy and Confidentiality
A major component of the new legislation is the protection of employee data. Records filed with the Department of Labor & Industries (L&I) that identify an employee seeking assistance or filing a complaint are now confidential and exempt from public disclosure.
Protected “Personal Information” includes name, address, contact information, photos, and any medical or health data related to pregnancy or childbirth.
New Requirements for Lactation and Postpartum Care
The 2025 amendments to the Healthy Starts Act significantly enhance the support required for nursing parents and those recovering from childbirth.
- Paid Lactation Breaks: Starting in 2027, employers must provide paid break time for employees to express breast milk. This must be paid at the employee’s regular rate and is in addition to any other legally required meal or rest periods.
- Scheduling Flexibility: The requirement to provide flexible scheduling for prenatal visits has been expanded to include postpartum visits as well.
- Expanded Coverage: Effective January 1, 2027, the Act will apply to all Washington employers with one or more employees, removing the previous 15-employee threshold.
Next Steps for Employers
To ensure a smooth transition and maintain compliance with these upcoming changes, employers should take the following actions:
- Audit Leave and Break Policies: Review your current employee handbook to ensure it accounts for paid lactation breaks and flexible scheduling for postpartum care.
- Update Documentation Procedures: Ensure your HR team is aware that medical certification cannot be requested for specific accommodations, such as the 17-pound lifting limit.
- Secure Employee Data: Review how pregnancy-related health information is stored to ensure it remains confidential and separate from general personnel files.
- Train Management: Educate supervisors on the new “no-note” accommodations and the shift toward paid lactation time to avoid potential retaliation or non-compliance claims.
- Monitor L&I Guidance: Visit the Department of Labor & Industries website for new online educational materials and posters as they become available.
