Before, during and after pregnancy, organizations need to be prepared to meet the unique challenges for the pregnant working parent.
Thoughtful pregnancy leave management is one way that employers can set themselves apart and help retain employees following childbirth and maternity leave. Ensuring that your workplace is a supportive environment for expectant mothers and new parents improves job satisfaction and improves overall wellbeing.
But there’s more to it than just sending a card or a baby shower gift. Your employee may need accommodations during pregnancy; they’ll also need a leave of absence to give birth, and care for their new baby.
In this article, we’ll review the key considerations based on both U.S. federal and state laws regarding pregnancy and work (job-seeking and employment). To help clarify how different state laws can impact the way in which employers support their employees, we’ll review a couple of fictional (but realistic!) examples where employers need to treat employees differently due to state-specific considerations around pregnancy and childbirth.
Federal and state laws regarding work and pregnancy — the PWFA and state laws
All employers need to be prepared to comply with relevant federal and state laws regarding employment and pregnancy. In 2024, the Pregnant Workers Fairness Act (PWFA went into effect.
This federal law requires a covered employer to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The accommodation must be provided unless it will cause the employer an undue hardship. The PWFA only applies to accommodations. Note that the PWFA doesn’t replace federal, state, or local laws that are more protective of job applicants and employees affected by pregnancy, childbirth, or related medical conditions.
Other laws, enforced by the Equal Employment Opportunity Commission (EEOC), make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions. The PWFA doesn’t replace federal, state, or local laws that are more protective of job applicants and employees affected by pregnancy, childbirth, or related medical conditions.
Like anything having to do with leaves of absence and accommodations, state regulations also have a big impact on compliance. More than 30 states and cities have laws that require employers to provide accommodations for pregnant workers; keep in mind that’s in addition to the states with state PFML. As of the fall of 2024, thirteen states and the District of Columbia have enacted state PFML. Those states are California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington.
Pregnancies aren’t all alike: a tale of two employees
Pregnancy may be much easier for some employees than others. Let’s look at two employees who work in administration for a large sporting goods retailer with 5500 employees in seven different U.S. states and two Canadian provinces. Their jobs require some time daily spent on the retail floor, and some time at their desks.
- Juana, who lives and works in New Hampshire, is pregnant and isn’t experiencing complications. However, she’s facing some normal pregnancy issues that may require some adjustments. She’s asking for additional bathroom breaks, and to periodically eat at her desk instead of in the employee lunchroom.
- Trinity, whose job and home are in Massachusetts, is pregnant and is experiencing some minor complications. She also has an existing back problem that required multiple surgeries in the past. She continues to have complications in her pregnancy, and while employer-provided accommodations did help for a while, they’re no longer working. She’s told her manager that her back hurts badly from standing, now that she’s carrying the extra weight of pregnancy. She hasn’t requested any accommodations, though she’s left work early several times recently due to back pain, leaving the retail floor short-staffed.
- Juana and Trinity are performing the same role and have the same job title.
How should Juana and Trinity’s respective managers handle their needs? What should their employer do?
Both Juana and Trinity have rights under the Pregnant Workers Fairness Act (PWFA). The PWFA requires reasonable accommodations for pregnant employees, and addresses disability versus known limitations. The PWFA is solely focused on accommodations; other laws that the EEOC enforces make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.
We’ll dig into the specifics of each of these cases later in this article, but first let’s look at general legal considerations and state-specific considerations.
Additional legal considerations for pregnancy leave management
In addition to the PWFA, other laws affect how employers manage pregnant employees. Employers should be aware of federal and state laws such as:
- Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act
- Americans with Disabilities Act (ADA)
- Family and Medical Leave Act (FMLA)
- State-specific laws regarding paid family and medical leave (PFML)
State-specific considerations
Employers must be aware of state-specific laws and regulations regarding pregnancy and family leave. Our employee examples Juana and Trinity represent only two states where specific laws have an impact on employer actions. Companies should be aware of requirements for all states where their employees live and work within the U.S.
Best practices for pregnancy leave management
In addition to state-specific regulations, employers can implement best practices to support employees during and after pregnancy. These include:
- Open communication: Encourage open dialogue and provide clear policies and procedures.
- Manager training: Educate managers on supporting employees during pregnancy and parenthood. Make sure that managers know how to recognize when an employee may need an accommodation to be able to perform their essential job functions. They should also know who to contact in HR to start a conversation with the employee.
- Employee resources: Offer access to employee assistance programs (EAPs), healthcare allies, or counseling services. Some organizations may find that an employee resource group for employees who are pregnant, and new parents, may be helpful.
- Inclusive culture: Foster an inclusive culture that values diversity and supports employees' unique needs.
Getting back to Juana and Trinity….
Let’s look at these two cases individually. Juana is in New Hampshire; Trinity is in Massachusetts. There are several laws that affect how employers should provide accommodations for Juana and Trinity in this scenario. Their employer should keep in mind that the PWFA requires reasonable accommodations for a worker’s known limitations due to pregnancy, childbirth, or related medical conditions.
In Juana’s case, she’s already asked for two accommodations that will be relatively easy for her employer, a retailer, to offer her — more frequent breaks, and an alternate location to eat her lunch and snacks. Her manager should notify HR that an interactive conversation should be held to discuss these accommodations with Juana and put them into effect. As her pregnancy continues, her manager will need to check in with her to ensure the accommodations are still needed, and that they’re still addressing her pregnancy-related symptoms.
Trinity’s case is somewhat different, even though she works for the same employer. Since she’s in Massachusetts, Trinity is entitled to some additional protections. At the state level, Massachusetts has Paid Family and Medical Leave (PFML) which provides 12 weeks of paid family and medical leave for bonding with a new child; the Massachusetts Pregnant Workers Fairness Act also applies, and Trinity should receive written notice of her rights under that law from her employer. In addition, although Trinity hasn’t asked for any accommodations, her back pain is causing performance issues because her unplanned absences are leaving her store short-staffed at times. Her manager or HR team need to begin an interactive conversation with Trinity to see if there are reasonable accommodations that could help her remain productive and help alleviate the pain caused by standing for too long.
Supportive strategies for pregnant employees and their families
There are numerous ways that employers can tailor their accommodations and pregnancy leave management to support. Here are some examples:
- Help finding providers and information: If your organization offers healthcare navigation to employees, pregnant employees may appreciate support finding providers, reviewing costs of procedures and bills, and even tailored research and expert referrals if complications warrant additional help.
- Parental resources: Offer access to parenting classes, support groups, or online resources to help employees navigate parenthood.
- Flexible work arrangements: Provide flexible scheduling, telecommuting options, or job restructuring to accommodate physical limitations or family responsibilities.
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- Combining multiple benefits: Coordinate benefits such as FMLA, Short-term Disability (STD), and PFML to provide comprehensive support.
- Timely reminder: Having a new member of the family usually triggers a number of changes to benefits, including adding a new dependent to the employee’s healthcare plan coverage, adjusting healthcare savings accounts (HSAs) and financial savings accounts (FSAs), and updating beneficiaries to life insurance policies. Providing ample time and reminders to complete these changes helps your employee not lose sight of small but important tasks during a very busy time.
- Lactation support: Designate a private lactation room or area, and provide necessary equipment and resources for breastfeeding employees, like a refrigerator for storing expressed breast milk, and a comfortable chair with a nearby electrical outlet.
- Return-to-work programs: Develop a gradual return-to-work plan, including temporary schedule modifications or other adjustments to ease the transition.
Supporting employees during and after pregnancy is essential for employers who want to attract and retain top talent. By understanding the challenges, implementing supportive strategies, and considering federal and state regulations, employers can ensure they’re compliant with the law, while creating a positive and inclusive work environment. Supporting employees before, during, and after this significant life event can help your employees and the organization, by producing increased job satisfaction, reduced turnover rates, compliant processes and practices, and improved overall well-being for employees.
By understanding the challenges and implementing supportive strategies for pregnancy leave management, employers can ensure compliance with the law. More importantly, this approach creates a positive and inclusive work environment. Supporting employees before, during, and after this significant life event can increase job satisfaction, reduce turnover rates, ensure compliant processes, and improve overall wellbeing for employees.
Alight Absence Management Solutions are one way to support pregnant employees — learn more about our deep expertise and how we can help your organization.
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