If you’ve ever struggled to balance empathy with productivity when a pregnant employee is frequently absent or needs special accommodations, you’re not alone. And thanks to the Pregnant Workers Fairness Act (PWFA)—which went into effect on June 27, 2023—it’s more important than ever to understand your legal responsibilities.
In 2025, more PWFA-related cases are surfacing as courts weigh lawsuits challenging parts of the law and its regulations. While the legal landscape evolves, the law remains in effect—and small business owners must stay compliant while supporting their team and keeping operations running smoothly.
If you employ 15 or more people—even a mix of part-time and full-time staff—then the PWFA applies to you. But what does that actually mean for your day-to-day operations?
In short: If one of your employees is pregnant or recovering from childbirth, the law now requires you to provide reasonable accommodations to help them stay healthy and productive at work—unless those accommodations would cause your business undue hardship.
This can feel like a big ask, especially for smaller teams with tight staffing or limited resources. But with the right information and approach, it’s manageable—and the right thing to do.
What Counts as a “Reasonable Accommodation”?
A reasonable accommodation is a change in how or where a job is performed that enables a pregnant employee to keep working safely. And under the PWFA:
- Employees don’t have to use legal language to trigger your obligation.
- You might need to act based on a casual comment like, “Morning sickness made me late again today.”
- Essential job functions can be temporarily waived, unlike under the ADA.
Examples of Reasonable Accommodations:
- Allowing flexible work hours for morning sickness or prenatal appointments
- Providing a chair for an employee who usually stands
- Letting them avoid heavy lifting or physically demanding tasks
- More frequent breaks for water, snacks, or bathroom use
- Temporarily reassigning duties (like removing radiology from a veterinary tech’s responsibilities)
These are often simple, low-cost changes—but they can make a world of difference in someone’s well-being and loyalty.
What Is an “Undue Hardship”?
You’re not required to make every single accommodation, if it would cause undue hardship to your business—that is, significant difficulty or expense—you may be exempt. But here’s the catch: the burden of proof is on you.
That means you’ll need solid documentation and reasoning to justify denying an accommodation.
Examples of Potential Undue Hardship:
- You run a bakery, and your only delivery driver—who is pregnant—requests to avoid lifting altogether. Without a replacement, your delivery service would halt, significantly impacting customer satisfaction and revenue.
- At your vet clinic, one of two veterinary techs is pregnant and requests to avoid assisting with surgeries. Reassigning her would leave no one with the training to meet scheduled procedures, risking patient care and client trust.
In cases like these, alternative accommodations should be explored (e.g., offering unpaid leave or adjusting scheduling) before denying the request altogether.
Are There Requirements for Accommodations Post-Pregnancy?
The PWFA doesn’t stop at pregnancy. Employers are also required to accommodate conditions related to childbirth and the postpartum period, including physical recovery, lactation, postpartum depression, and other related medical needs.
Examples of Post-Pregnancy Accommodations:
- Break time and private space for expressing breast milk, above and beyond what’s already required under the PUMP Act
- Time off or flexible scheduling to manage recovery or treatment for postpartum depression or other conditions
- Modified duties or lighter work assignments for employees still healing from childbirth
- Additional or extended breaks to rest or manage medical needs
Be Proactive, Not Reactive
Here are some best practices to help you stay ahead of PWFA compliance:
- Train your managers. Many violations stem from poor communication or assumptions—not ill intent.
- Update your employee handbook to include pregnancy accommodations.
- Create a system for documenting conversations and decisions related to accommodations or undue hardship.
- Respond quickly. The law expects you to act fast—ideally within days—when accommodations are needed.
Pro Tip: Some accommodations, like allowing water bottles or extra breaks, are assumed under the law. You don’t need a doctor’s note to act on them.
The Cost of Non-Compliance
Ignoring the PWFA can be costly. Businesses with 15–100 employees can face fines up to $50,000 per violation. Larger businesses may be liable for up to $300,000 in damages.
But beyond legal risk, think about your people:
- 52% of U.S. adults with employer-sponsored benefits say those benefits are a key reason they stay.
- 70% of employees would consider changing jobs for better benefits.
Being flexible and supportive during pregnancy builds trust, retention, and reputation.
Closing Thoughts
Supporting a pregnant employee isn’t about offering special treatment. It’s about fairness, respect, and legal compliance. The PWFA helps employees protect their health—and helps employers create a stronger, more inclusive workplace.
If you’re unsure how to handle a specific situation or want help updating your policies, Focus HR is here to help. Let’s simplify compliance and support your team the right way.
