On August 11, the U.S. Equal Employment Opportunity Commission (EEOC) will officially publish its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). PWFA was passed by Congress in late 2022 as part of the omnibus and went into effect on July 27, 2023. The PWFA grants pregnant workers the right at the federal level to have access to reasonable accommodations to address “the known limitations related to the pregnancy, childbirth, or related medical conditions.”

SHRM members championed the enactment of this historic bipartisan legislation because the PWFA includes important workplace protections for pregnant workers and ensures employers have flexibility and clarity regarding how to handle workplace accommodations for pregnant employees.

Within the proposed regulations, the EEOC has offered definitions; provided examples of reasonable accommodations; given real-world examples that employers may face; and outlined the rights and responsibilities of both employers and employees. Some of the highlights of the proposed regulation are:

The PWFA purposefully borrowed language and concepts from Title VII and the Americans with Disabilities Act (ADA) to allow employers to build on existing policies and processes. Like the ADA, “the PWFA does not require a covered entity to provide a reasonable accommodation that would cause undue hardship.”

A non-exhaustive list of reasonable accommodations includes frequent breaks; sitting/standing; schedule changes; part-time work; paid and unpaid leave; telework; parking; light duty; making existing facilities accessible or modifying the work environment; job restructuring; temporarily suspending one or more essential functions; acquiring or modifying equipment, uniforms or devices; and adjusting or modifying examinations or policies.

Within the PWFA, there were many terms that were ambiguous and needed clarification. Within the proposed rules, the EEOC has offered definitions for: 

• “temporary” means “lasting for a limited time, not permanent, and may extend beyond ‘in the near future”

• “in the near future” means “generally within forty weeks”



• “communicate[d] to the employer” means “to make known to the covered entity either by communicating with a supervisor, manager, someone who has supervisory authority for the employee (or the equivalent for an applicant), or human resources personnel, or by following the covered entity’s policy to request an accommodation”

There is no “severity threshold” associated with the PWFA. This ensures that employees and applicants, including those with uncomplicated pregnancies, have access to accommodations and that accommodations are available in order for workers to maintain their health or the health of their pregnancies. The regulation is intended to cover conditions that do not rise to the level of disability as defined by the ADA and is intended to help maintain the individual’s health and ability to work.

“Pregnancy, childbirth, or related medical conditions” includes “current pregnancy, past pregnancy, potential pregnancy, lactation (including breastfeeding and pumping), use of birth control, menstruation, infertility and fertility treatments, endometriosis, miscarriage, stillbirth, or having or choosing not to have an abortion, among other conditions.” 

The EEOC is seeking public comments on several aspects of the proposed regulations. The public comment period is 60 days from publication and will be due October 10. SHRM will be submitting a comment. 

Please stay tuned for more updates on this critical workplace issue.

Hi, I’m Brianna Blackford and have enjoyed working in Human Resources for the past five years. Throughout my career, I have witnessed firsthand the impact of family-forward workplace policies on employee retention and satisfaction. Even though there are numerous advantages to a company offering paid leave, flexible working hours, access to childcare and providing accommodations for expectant and nursing employees, it's surprising how many organizations are still reluctant to implement these beneficial policies.

As an HR professional with a passion for advocating for family-forward workplace policies, I firmly believe that companies that prioritize these benefits are doing the right thing. Times have changed and employees want more than just a paycheck; they want to feel supported and valued in all aspects of their lives. Incorporating family-forward workplace practices to offer these benefits can have a significant impact on employee retention and satisfaction.

I'm privileged to work with companies that understand the importance of family-friendly policies in fostering a positive, inclusive work environment. Properly implemented, these benefits can give companies a competitive advantage and enhance their workplace culture. Offering flexible scheduling can significantly attract caregivers and guardians juggling work and family duties. Although not all organizations can facilitate remote work, any degree of flexibility offered is a major perk and should be integral to the company's culture.

Paid maternity and paternity leave are crucial benefits that employers should offer. These leaves allow parents to bond with their newborns, vital for child development, and support better physical and mental health among parents. Maternity leave gives mothers recovery time post-childbirth, while paternity leave aids fathers' mental well-being as they navigate new responsibilities, fostering a healthier family environment overall.

Childcare support can enhance employee retention by reducing stress from balancing work and family duties. Reliable, affordable childcare decreases the likelihood of employees leaving due to family obligations. Such policies also convey a company's commitment to its employees' well-being and work-life balance, boosting morale, loyalty, and job satisfaction. Thus, employees are more inclined to stay with companies that support both their professional growth and personal needs.

The biggest barrier to recruitment and retention is the inability to have scheduling flexibility for parents and caregivers. The rigid 9-to-5 work schedule can negatively impact employee recruitment and retention, especially among parents and caregivers juggling childcare responsibilities. This inflexibility can lead to job dissatisfaction and even turnover as employees seek workplaces that offer better work-life balance. With an increasing trend towards flexible work policies, companies sticking to strict schedules risk losing competitiveness in attracting and retaining top talent.

The advantages of implementing family-focused workplace policies are clear to me. Supporting pregnant and breastfeeding employees is an area where many organizations still have a long way to go. Under the new laws, employers are required to provide a lactation area for employees to pump, but I've seen cases where the space provided was less than adequate. This sends a message to employees that they are not valued or welcomed, which can ultimately damage the company's culture.

Implementing family-friendly workplace policies has made my job as an HR professional more rewarding in many ways. Because these practices often lead to happier, more content employees, resulting in a more positive and harmonious work environment, it makes my role more fulfilling. I get to play a significant part in fostering a supportive and efficient workplace.

Family-friendly policies aid in enhancing recruitment efforts. As an HR professional I’m able to attract top-tier talent, making my recruitment efforts more successful and satisfying. It's rewarding for me to bring on board highly skilled candidates who value our company's commitment to family-friendly policies. These policies reduce turnover rates, saving time and resources on hiring and training, allowing me to focus on strategic company activities. Implementing these policies brings a sense of purpose and achievement to my role, positively impacting colleagues' work-life balance and well-being.

Kansas employers, I implore you to consider adopting family-forward workplace practices. Fostering a supportive and inclusive workplace culture is an investment in your employees' well-being and your company's long-term success. Let's make Kansas a leader in family-forward workplace practices.