The Pregnant Workers Fairness Act: what it requires and how to ask

What does the Pregnant Workers Fairness Act require?

The Pregnant Workers Fairness Act (PWFA) is a federal law that makes covered employers provide "reasonable accommodations" for a worker's known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation would cause the employer an "undue hardship". The Equal Employment Opportunity Commission (EEOC), which enforces it, says the law went into effect on 27 June 2023, and its final regulation went into effect on 18 June 2024.

Under the statute (42 U.S.C. 2000gg-1), a covered employer must not:

• fail to make reasonable accommodations for known limitations, unless it can show undue hardship
• require you to accept an accommodation other than one arrived at through the "interactive process", in which you and your employer communicate about what you need
• deny you employment opportunities because you need an accommodation
• require you to take leave, paid or unpaid, if another reasonable accommodation can be provided
• take adverse action against you for requesting or using an accommodation

The PWFA applies only to accommodations; pregnancy discrimination, such as firing, is covered by other laws the EEOC enforces, including Title VII of the Civil Rights Act. Leave can be an accommodation, but the regulation describes it as using paid leave you already have or providing unpaid leave. See our guide to pregnancy sick leave in the US.

Which employers are covered?

The EEOC says the PWFA applies to private employers and to state and local government employers with 15 or more employees, as well as to Congress, federal agencies, employment agencies and labor organizations. It protects job applicants as well as employees.

That is a much lower bar than the Family and Medical Leave Act's: under federal regulation, FMLA covers you only if you have worked for the employer for at least 12 months, for at least 1,250 hours in the past year, at a worksite with 50 or more employees within 75 miles. The PWFA has no hours or length-of-service test.

The PWFA does not replace laws that are more protective, and the EEOC notes that more than 30 states and cities have their own pregnancy accommodation laws.

What conditions does the PWFA cover?

A "known limitation" is a physical or mental condition related to, affected by or arising out of pregnancy, childbirth or related medical conditions, which you or your representative have told the employer about. The statute says it counts whether or not it meets the legal definition of a disability.

The EEOC says a limitation can be minor and can come and go, such as morning sickness or migraines, or be a need to avoid certain chemicals, heat or lifting, or to attend appointments.

The regulation, at 29 CFR 1636.3, gives a non-exhaustive list of related medical conditions. Examples include miscarriage, stillbirth, ectopic pregnancy, preterm labour, gestational diabetes, pre-eclampsia, hyperemesis gravidarum, carpal tunnel syndrome, anxiety or depression during pregnancy, postpartum depression, and lactation problems such as mastitis. It also covers potential or intended pregnancy, including fertility treatment.

Examples of reasonable accommodations

The EEOC's examples include more flexible breaks to drink, eat, rest or use the restroom; a stool, or a way to work standing (see standing all day at work); a uniform or safety equipment that fits; shorter hours or a later start; telework; temporary reassignment or light duty; temporarily suspending an essential function of the job; and leave for appointments or to recover from childbirth.

Four requests are almost automatic. The regulation says that, when a pregnant employee asks, the assessment will "in virtually all cases" find these are reasonable accommodations that do not impose an undue hardship: keeping water nearby and drinking as needed; extra restroom breaks; sitting if your job requires standing, or standing if it requires sitting; and breaks to eat and drink.

You can be covered even if you temporarily cannot do part of your job: the EEOC says you can still be "qualified" if the inability is temporary, you could do it again in the near future, and it can be reasonably accommodated.

How to ask for an accommodation

Tell your employer you have a limitation linked to pregnancy, childbirth or a related condition, and that you need a change at work because of it. No special words are needed: one EEOC example is "I need more bathroom breaks because of my pregnancy". An email as well gives you a dated record. The employer should respond promptly, and the EEOC expects many requests to be settled after brief conversations or emails.

Can your employer ask for a doctor's note?

Only when it is reasonable. The EEOC says it is not reasonable when the limitation is obvious or already known, when a pregnant employee asks for one of the four almost-automatic accommodations, when you need changes to pump or breastfeed at work, or when the employer would not normally ask for a note in that situation.

A permitted note is limited to confirming the condition, its link to pregnancy or childbirth, and the change you need. The regulation lists midwives, doulas and lactation consultants among those who can write it, the employer cannot send you to a provider it chooses, and the EEOC says the information must be kept confidential.

How the PWFA fits with FMLA and the PUMP Act

• FMLA gives eligible employees up to 12 workweeks of leave in a 12-month period, including for the birth of a child and for a serious health condition; the EEOC describes it as unpaid and job-protected. See our guide to maternity leave in the US.
• The PUMP Act broadened the right to express milk at work under the Fair Labor Standards Act. The Department of Labor says covered employees may take reasonable break time to express milk for one year after the child's birth, in a place other than a bathroom that is shielded from view. Breaks must be paid unless you are completely relieved from duty, and employers with fewer than 50 employees are exempt only if complying would impose an undue hardship.
• The PWFA adds to both. Its regulation lists lactation accommodations such as a space near your work area, not a bathroom, with electricity, seating and a surface for a pump.

See returning to work after maternity leave in the US and breastfeeding and returning to work for the practical side.

How to file a charge with the EEOC

The EEOC says you generally need to file a charge within 180 calendar days of the discrimination, extended to 300 calendar days if a state or local agency enforces a law against the same kind of discrimination. The deadline is generally not paused while you try an internal grievance or mediation. Federal employees and applicants have a different process and generally must contact an agency EEO counselor within 45 days.

• Online: submit an inquiry on the EEOC Public Portal and book an interview.
• By phone: call 1-800-669-4000. The EEOC does not take charges by phone but can start the process, and asks you to call if your deadline is close.
• In person: visit one of the EEOC's 53 offices.
• Through a state or local agency: where a worksharing agreement exists, a charge filed with either agency is automatically filed with the other.

Retaliating against you for asking for or using an accommodation is itself a violation.

Frequently asked questions

Does the Pregnant Workers Fairness Act cover working from home?

It can. Telework is one of the EEOC's examples of a possible reasonable accommodation. An employer can refuse it only if it would cause an undue hardship, meaning significant difficulty or expense. Even then, the EEOC says the employer generally has to provide another effective accommodation if one exists without undue hardship.

Does the PWFA apply after the baby is born?

Yes. It covers limitations arising from childbirth and related conditions, not only pregnancy. The EEOC lists leave to recover from childbirth as an example accommodation, and the regulation names postpartum depression, anxiety or psychosis, and lactation, including problems such as mastitis and low milk supply, among related conditions.

Is the Pregnant Workers Fairness Act still in effect in 2026?

Yes. The EEOC's guidance still describes the law as in effect since 27 June 2023, with its regulation in effect since 18 June 2024. When we checked in October 2026, the regulation in the Electronic Code of Federal Regulations showed no amendment since 18 June 2024.