Our October Employment Law Update explores the evolving legal landscape surrounding pregnancy in the workplace, highlighting what employers and employees need to know to balance workplace obligations with the needs of growing families. Read on for the key laws and practical takeaways.
Navigating Pregnancy in the Workplace: Balancing Family Needs and Business Realities
Pregnancy is a deeply personal milestone that affects more than the employee experiencing it. For families, it brings excitement, new responsibilities, and important decisions about health, work, and time at home. For employers, it can present real challenges involving staffing, scheduling, workplace safety, and leave planning. Employment laws seek to balance these interests, protecting employees from discrimination while helping employers understand their obligations. Knowing which rules apply – and addressing concerns early – can make the process smoother for everyone.
Title VII and the Pregnancy Discrimination Act (PDA). Title VII of the Civil Rights Act of 1964, as amended by the PDA, prohibits discrimination based on pregnancy, childbirth, and related medical conditions. Employers generally must treat pregnant employees the same as other employees similar in their ability or inability to work. These protections extend to hiring, benefits, leave, discipline, and termination. Employers should avoid assumptions about an employee’s capabilities or commitment based on pregnancy or anticipated caregiving responsibilities.
Pregnant Workers Fairness Act (PWFA). Effective June 27, 2023, the PWFA requires covered employers with 15 or more employees to reasonably accommodate known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship. Implementing regulations took effect in June 2024.
Accommodations may include additional restroom breaks, permission to sit, lifting restrictions, schedule adjustments, time off for appointments, or leave for recovery. Employers generally cannot require an employee to take leave when another reasonable accommodation would allow the employee to keep working. Employees should communicate their needs, and employers should engage in a timely, individualized discussion to identify workable solutions. Employers may consider alternatives and deny accommodations that would impose undue hardship.
Pennsylvania Human Relations Act (PHRA). Pennsylvania employers must also consider the PHRA, which prohibits sex discrimination, including pregnancy discrimination. Unlike Title VII, which generally covers employers with 15 or more employees, the PHRA generally applies to employers with four or more employees. This lower threshold makes the law especially important for small businesses.
Pennsylvania regulations also address pregnancy-related disabilities, requiring employers to treat them consistently with other temporary disabilities under applicable employment policies. Leave, benefits, and job-security practices should be reviewed to ensure pregnant employees are not treated less favorably than employees with comparable limitations.
Americans with Disabilities Act (ADA). Pregnancy itself is not a disability under the ADA, but related conditions—such as gestational diabetes or preeclampsia – may qualify. When the ADA applies, employers must consider reasonable accommodations for qualified employees with disabilities, subject to applicable requirements and undue hardship.
Family and Medical Leave Act (FMLA). Eligible employees of covered employers may take up to 12 workweeks of unpaid, job-protected leave for qualifying reasons, including prenatal care, pregnancy-related incapacity, childbirth recovery, and bonding with a new child. Eligibility requirements apply, and FMLA leave may overlap with other protected leave.
Pumping and other protections. The PUMP Act generally requires reasonable break time and a private, non-bathroom space for employees to express breast milk for one year after childbirth. State and local laws may provide additional protections.
Practical takeaways. Employees should communicate accommodation and leave needs early and follow applicable notice procedures. Employers should train supervisors, protect medical confidentiality, document accommodation discussions, and apply workplace policies consistently. Above all, pregnancy-related requests and complaints should never prompt retaliation.
Pregnancy in the workplace need not become an adversarial process. With clear communication, thoughtful planning, and an understanding of the applicable laws, employers can address legitimate business needs while helping employees navigate an important moment in their family lives.
Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters.
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