The top three things to know about PWFA 

August 22, 2024

Watch Angel Bennett as she dives into three key takeaways every employer and HR staff member need to understand about the Pregnant Workers Fairness Act.

Understanding the Pregnant Workers Fairness Act (PWFA) is vital for compliance and creating a supportive environment for workers undergoing major life changes. Knowing the details can help you create measures to ensure your workers that are undergoing pregnancy, childbirth or other related medical conditions can stay healthy and comfortable at work.

1. Who does the PWFA cover?

Think of the PWFA as a safety net that spans a wide range of workers. If your company has at least 15 employees, you need to know about this new regulation.

The PWFA protects not just pregnant employees but also those dealing with related conditions — everything from fertility treatments to postpartum recovery. The focus is to ensure that individuals in need of additional assistance during pregnancy or a pregnancy-related condition can receive it easily.

2. How does the PWFA work with other laws?

While the ADA and FMLA have many strengths, the PWFA steps in to cover any gaps, offering support for conditions that might not meet the definition of a disability or qualify as a serious health condition under other laws. The PWFA acknowledges the temporary suspension of essential functions meaning the employee may still be considered qualified even when their pregnancy-related condition or increased health-risk prevents them from performing an essential function for a temporary period of time. This means more protection and less worry for employees facing pregnancy-related challenges.

3. What about the paperwork?

The PWFA simplifies the accommodation request process for employees, allowing them to use self-confirmation for straightforward needs, such as requesting a larger uniform during pregnancy. In such cases, medical documentation is generally unnecessary. However, there are instances where an employer might reasonably request documentation, such as when an employee reports an inability to climb ladders due to dizziness. In these situations, it's important to remember reasonable documentation is defined as a minimum amount of information that is sufficient enough to confirm the condition and describe the adjustment needed. The key is to maintain open communication and streamline the process, minimizing excessive paperwork.