Reasonable Accommodations for Pregnant Workers Policy

Editor's  Note: The U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) on Aug. 11, 2023. Comments regarding this proposal must be submitted no later than Oct. 10, 2023, and final regulations are expected by Dec. 29, 2023. While the proposed regulations may be helpful for employers in understanding how the EEOC is currently interpreting the PWFA, they cannot be relied upon until regulations are finalized.

Purpose

As required by the federal Pregnant Workers Fairness Act (PWFA), [Company Name] will provide reasonable accommodations to employees and applicants with limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation will cause undue hardship to [Company Name]'s operations.

Policy

An employee or applicant may request an accommodation due to pregnancy, childbirth or a related medical condition by submitting the request in writing to human resources (HR). The accommodation request should include an explanation of the pregnancy-related limitations, the accommodation needed and any alternative accommodation(s) that might be reasonable. Depending on the nature of the accommodation, the individual may be requested to submit a statement from a health care provider substantiating the need for the accommodation.

Upon receipt of a request for accommodation, HR will contact the employee or applicant to discuss the request and determine if an accommodation is reasonable and can be provided without significant difficulty or expense, i.e., undue hardship.

While the reasonableness of each accommodation request will be individually assessed, possible accommodations include allowing the individual to:

• Sit while working.
• Drink water during the workday.
• Receive closer-in parking.
• Have flexible hours.
• Receive appropriately sized uniforms and safety apparel.
• Receive additional break time to use the bathroom, eat and rest.
• Take time off to recover from childbirth.
• Be excused from strenuous activities and/or activities that involve exposure to compounds deemed unsafe during pregnancy.

An employee may request paid or unpaid leave as a reasonable accommodation under this policy; however, [Company Name] will not require an employee to take time off if another reasonable accommodation can be provided that will allow the employee to continue to work.

[Company Name] prohibits any retaliation, harassment or adverse action due to an individual's request for an accommodation under this policy or for reporting or participating in an investigation of unlawful discrimination under this policy.