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Pregnant workers could receive longer breaks and more time off for recovery, thanks to a new law going into effect today

Jun 28, 2023, 00:34 IST
Business Insider
Ridofranz/Getty Images
  • The Pregnant Workers Fairness Act could provide pregnant workers with longer breaks and more time off.
  • The act, requiring certain employers to provide "reasonable accommodations" went into effect Tuesday.
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A new law taking effect Tuesday may give millions of pregnant workers and new parents nationwide accommodations including more time off, longer breaks, and shorter hours.

The Pregnant Workers Fairness Act requires employers with at least 15 employees to provide "reasonable accommodations" for workers dealing with limitations related to pregnancy, childbirth, or related medical conditions. The Equal Employment Opportunity Commission, which will enforce the law, said these accommodations may be protected provided they do not cause employers "undue hardship," such as significant expenses.

This act could impact nearly 2.8 million workers, according to a report by the National Partnership for Women and Families. According to the EEOC, 72% of working women will become pregnant at some point while employed. 80% of first-time pregnant workers worked until their final month of pregnancy.

Though the EEOC has not yet announced the types of required accommodations, examples could include receiving extra break time to rest or eat, receiving closer parking, taking time off to recover from childbirth, being excused from strenuous activities, and receiving appropriately sized uniforms. The act, though, does not guarantee paid sick leave.

"The passage of the Pregnant Workers Fairness Act will truly change the health and economic trajectory for millions of women and families, and its significance as a political victory should be regarded as a roadmap for other campaigns for years to come," said Dina Bakst, co-founder of advocacy nonprofit A Better Balance, in a statement. Policy wins to create more just workplaces and advance gender, racial, and economic justice in this country are possible."

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Under the act, covered employers can't force pregnant workers to take accommodations such as time off without first discussing it with them, denying employment opportunities from qualified employees in need of accommodations, or requiring employees to take leave if there are other accommodations that let them keep working if they choose.

The Pregnant Workers Fairness Act was signed into law by President Joe Biden in December following unsuccessful earlier versions in 2021 and 2019, both of which passed in the House but not the Senate.

The federal act will not replace federal, state, or local laws offering more protections, as more than 30 states and cities currently have laws providing accommodations to pregnant workers. Acts such as Title VII and the Americans With Disabilities Act already make it illegal to fire or discriminate against workers for issues related to pregnancy, childbirth, and related medical conditions.

Other legislation that will not be impacted include the Family and Medical Leave Act, providing unpaid leave for certain workers during and after pregnancy, and the PUMP Act, giving nursing workers a private place to pump at work.

The EEOC is required to release guidance on examples of reasonable accommodations that employers must implement by the end of the year. The public will be able to provide input before the regulations are finalized.

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Are you a pregnant worker or new parent who may be impacted by this law? Share your story with this reporter at nsheidlower@insider.com.

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