By Dean E. Leazenby
Partner, Warrick & Boyn, LLP
Pregnancy can bring changes to an employee’s everyday work routine—sometimes requiring something as simple as additional breaks, a place to sit, or temporary help with a physical task.
For employers, understanding how to respond to those needs is important. While there is some overlap with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA) goes beyond the ADA and FMLA in several important ways.
And sometimes the differences can be significant for both an employer and an employee navigating a temporary change in circumstances.
Leave From Work
Even if an employer is not covered by the FMLA, leave may be required as a reasonable accommodation under the PWFA.
Although leave is not required if there is another reasonable accommodation that would allow a pregnant employee to remain working, HR professionals need to ensure that front-line supervisors are not automatically rejecting accommodation requests for short leaves of absence.
For an employee who wants to continue working while navigating the physical demands of pregnancy, a relatively small amount of flexibility can sometimes make an important difference.
Essential Job Functions
The PWFA can also differ significantly from the ADA when it comes to essential job functions.
Under the ADA, an employer does not have an obligation to eliminate or reduce essential functions as an accommodation. Under the PWFA, however, an employer may be required to suspend essential functions for a limited time as an accommodation.
For example, if a pregnant worker’s position requires that she regularly lift 25 pounds without assistance, under the ADA, the employer would not be required to eliminate that essential function. Under the PWFA, however, temporary suspension of essential functions can be required as a reasonable accommodation.
Other PWFA accommodations can include additional, longer, or more frequent breaks; modifications to a workstation, such as providing a chair; modifications to uniforms or dress codes; remote work; or light duty.
These accommodations can take many forms, but the underlying consideration is often straightforward: Is there a reasonable temporary adjustment that can help an employee continue doing her job?
Understanding where the PWFA extends beyond more familiar ADA and FMLA requirements can help employers and HR professionals respond appropriately when those situations arise.
If you have any questions about this matter, please contact Dean Leazenby of Warrick & Boyn, LLP at [email protected], or call our office at (574) 294-7491.