Update Your Employee Handbook Now: 18 Changes Required by the Pregnant Workers Fairness Act

By now, you probably know about the Pregnant Workers Fairness Act and the new requirements for pregnancy accommodation. Maybe your employee handbook even has a pregnancy accommodation policy that incorporates the PWFA’s requirements. (If not, here’s a model pregnancy accommodation policy to get you started.)

Policies to Update

But have you updated your other policies that may be affected by the new law? These might need to be revised:

1. Equal employment opportunity
2. Sick leave or paid time off
3. Family or parental leave
4. Flexible work
5. Disability accommodation
6. Lactation accommodation
7. Attendance and call-in procedures
8. Return to office
9. Productivity standards
10. Break and meal times
11. Light duty
12. Health insurance benefits
13. Dress code or safety gear
14. Health and safety
15. Leave without pay
16. Bonuses and commissions
17. Promotions

How to Update

Policies about equal employment opportunity or harassment should expressly include pregnancy accommodation as a protected category.

Policies that command or prohibit, such as late arrivals will incur an attendance point or no PTO leave can be taken until it is accrued, may need an extra sentence to clarify that the policy does not limit an employee’s PWFA rights.

Policies that state the conditions under which your company offers leave, flexible schedules, remote work, and reduced hours should add that employees covered by the PWFA can make requests as set forth in your company’s pregnancy accommodation policy.

Policies that provide accommodations, such as light duty or disability accommodation, should state that the PWFA may entitle employees to accommodations under different circumstances.

Policies about productivity metrics and discretionary compensation may need to include a proration provision to ensure that employees who take intermittent or continuous leave pursuant to the PWFA are not penalized for doing so.

Policies that set out standards, such as dress code or safety, may need an exception for employees covered by the PWFA or an instruction for supervisors to provide individualized consideration for the safety of such employees.

Policies about benefits continuation while on leave should apply equally to employees on PWFA leave.

One More Thing

After you update your employee handbook, we recommend company-wide communication about the changes, training for supervisors, and procedure revisions for HR. These steps will improve the accommodations process and reduce potential liability.