Search

Understanding the PWFA Final Rule

A pregnant employee in a stock room sorting boxes or other work environment

What you need to know

The Pregnant Workers Fairness Act (PWFA) is a federal law that represents a significant step in protecting the rights of pregnant employees. While the law went into effect on June 27, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule on June 18, 2024 to implement the PWFA, providing clarity and guidance.

Key PWFA final rule updates:

1. The definition of pregnancy, childbirth, or related medical conditions includes:

  • Current, past, potential pregnancy
  • Lactation (including breastfeeding and pumping)
  • Infertility and fertility treatments
  • Endometriosis
  • Miscarriage, stillbirth
  • Abortion (having one or choosing not to have one)

2. Expanded the phrase “related medical conditions” to include physical and mental conditions originating during pregnancy, as well as pre-existing conditions exacerbated by pregnancy or childbirth.

3. If the employee temporarily cannot perform one or more essential functions of the job, there may be a need to suspend the essential functions.  PWFA Final Rule defines "temporary" generally as:

  • Current pregnancy - forty weeks from the start of the suspension
  • Conditions other than a current pregnancy - case-by-case determination

4. Predictable Assessment Accommodations, which are low complex pregnancy accommodations and it is unreasonable to seek supporting documentation:

  • Carry or keep water and drink, as needed, in or nearby the employee’s work area
  • Take additional restroom breaks, as needed
  • Employee whose work requires standing to sit and stand as needed
  • Take breaks to eat and drink as needed

5. An employer delay in providing accommodations identified as predictable assessments will virtually always result in a finding of a violation of the PWFA.

6. EEOC presumes that for Predictive Assessment Accommodations that these specific modifications will not impose an undue hardship “in virtually all cases.”

7. Employers may obtain a medical documentation only if it is reasonable under the circumstances to determine if the employee has a qualifying condition and needs an adjustment or change at work due to the limitation. The final rule does not allow employers to request supporting documentation for the following:

  • The limitation and need for a reasonable accommodation is obvious
  • Employer already has sufficient information to support a known limitation related to pregnancy
  • The request is for one of the four “Predictable Assessment” accommodations
  • The request is for a lactation accommodation

Navigating the PWFA landscape

The PWFA final rule underscores the importance of accommodating pregnant workers with fairness and respect. As workplace rights continues to evolve, staying informed and proactive is essential for fostering a supportive work environment that complies with federal regulations.

New York Life Group Benefit Solutions products and services are provided by Life Insurance Company of North America, New York Life Group Insurance Company of NY, and New York Life Insurance and Annuity Corporation, subsidiaries of New York Life Insurance Company. Life Insurance Company of North America is not authorized in NY and does not conduct business in NY.

The information contained herein does not constitute legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have. New York Life Group Benefit Solutions assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied in this publication. For PWFA information, see EEOC Final Regulation for PWFA.

SMRU 6931703 Exp. 08/20/27