Updates to the Consolidated Appropriations Act, 2023 affecting Mothers
The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were adopted as part of the Consolidated Appropriations Act, 2023. Please see below for an overview and actionable items of the PWFA and PUMP.
The Pregnant Workers Fairness Act (PWFA) – Effective June 27, 2023
Overview:
Requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers and applicants as long as they don’t pose an undue hardship on an employer. These reasonable accommodations must be provided when someone has a temporary limit on their ability to perform essential functions of their job based on a physical or mental condition related to pregnancy, childbirth, and related medical conditions.
PWFA uses the same definitions of reasonable accommodation and undue hardship found in the ADA and allows an employee or their representative to make an employer aware of a limitation. An employer may not require an employee to take paid or unpaid leave if another reasonable accommodation may be found.
Actionable Items Include:
Update any existing reasonable accommodation policy.
Train HR professionals and other managers throughout the organization.
Create a process to follow when employees/applicants request an accommodation due to pregnancy.
Employers should check their state and local pregnancy leave laws (if any) to see whether those are more generous. If so, the employer should follow the state/local leave laws.
PUMP for Nursing Mothers – Changes to Remedies Take Effect on April 28, 2023
Overview:
The PUMP Act expands other existing employer laws to provide a nursing mother with reasonable break time to express milk for up to one year after the child’s birth. This covers all employees, not just non-exempt workers. PUMP does not change the employer’s obligation to provide a place to express milk that is private and exists somewhere besides a bathroom. This obligation is still in place. The break time may be unpaid unless otherwise required by federal, state, or local law.
Please note that employers with fewer than 50 employees may claim a small employer exemption if undue hardship would apply to the employer attempting to comply. Crew of air carriers are exempt from the law. Rail carriers and motorcoach services operators are covered by the law (there may be exceptions and delayed effective dates for certain employees).
Actionable Items Include:
Educate HR professionals and other managers throughout the organization.
Employers should check their state and local pregnancy leave laws (if any) to see whether those are more generous. If so, the employer should follow the state/local leave laws.
Remember that a space for nursing mothers is required to be private, not necessarily permanent.
As always, if you have any questions or need assistance implementing these policies, please reach out to your Human Capital Consultant.