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New Federal Legal guidelines Masking Pregnant And Nursing Staff – What Employers Want To Know – Worker Advantages & Compensation

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On December 29, 2022, President Biden signed into regulation the Fiscal 12 months 2023 Omnibus Spending Invoice, which included two new legal guidelines — the Pregnant Staff Equity Act (PWFA) and the Offering Pressing Maternal Protections for Nursing Moms Act (PUMP Act). Each legal guidelines present expanded protections for pregnant and nursing staff.

Pregnant Staff Equity Act

Efficient June 27, 2023, the PWFA requires employers with at the very least 15 workers to supply affordable lodging to pregnant workers and job candidates with momentary bodily or psychological limitations as a result of being pregnant, childbirth or associated situations.

Just like the Individuals with Disabilities Act (“ADA”), the PWFA requires employers to supply affordable lodging except they might pose an undue hardship. The PWFA additionally incorporates the ADA’s definitions of “affordable lodging” and “undue hardship.” Moreover, the PWFA makes use of the ADA’s framework for the interactive course of to find out an affordable lodging. Pursuant to the PWFA, an employer can not require an worker to take go away, both paid or unpaid, if one other affordable lodging could be supplied.

Whereas the ADA requires an worker to have the ability to carry out the “important capabilities” of their place, with our with out lodging, the PWFA briefly excuses pregnant staff from the important capabilities of their jobs in sure circumstances as an affordable lodging. Particularly, workers and candidates could also be excused from performing a vital job perform if: (a) the lack to carry out a vital perform is momentary, (b) the important perform may very well be carried out within the close to future, and (c) the lack to carry out the important perform can’t be moderately accommodated.

Beforehand, employers have been solely required to supply lodging to pregnant staff in restricted circumstances beneath the Being pregnant Discrimination Act, the place an worker’s being pregnant, childbirth, or associated medical situation rose to the extent of a incapacity beneath the ADA or when lodging have been made for different equally located, however non-pregnant, staff. With the PWFA, employers’ obligations to supply lodging to pregnant workers and candidates are clearer, and aligned with tendencies from many states that mandate lodging for pregnant workers.


The PUMP Act, efficient December 29, 2022 (excluding sure modifications concerning cures), amends the Honest Labor Requirements Act (“FLSA”) to supply workers with affordable break time to precise breast milk for a nursing youngster for one 12 months after the kid’s beginning every time the worker has a necessity to precise the milk. Beneath the PUMP Act, employers are additionally required to supply a spot, aside from the toilet, that’s shielded from view and free from intrusion of coworkers and the general public, by which an worker could categorical breast milk.

Whereas these protections have been beforehand accessible to non-exempt workers, the PUMP Act offers these protections to allworkers, no matter exemption standing.

These breaks aren’t required to be paid. Nevertheless, if non-exempt staff aren’t fully relieved of their duties for the complete break interval or in the event that they categorical breast milk throughout an in any other case paid break interval, then they should be paid for the complete break. Exempt workers shouldn’t have their weekly wage lowered, no matter whether or not they take breaks to precise milk.

Sure employers are exempt from the PUMP Act, together with employers with 50 workers or much less, if compliance would trigger undue hardship as a result of important issue or expense.

Whereas many employers could have already got insurance policies in place for offering lodging for his or her workers and break time for nursing moms, we encourage corporations to achieve out to their Seyfarth contact for options and proposals for addressing compliance with relevant necessities.

Key Takeaways

Many employers could already embody being pregnant as a incapacity coated beneath their incapacity lodging insurance policies and practices as a result of state regulation necessities, however you will need to overview these insurance policies and processes to account for the brand new federal regulation nuances, together with the interactive course of framework. Moreover, employers ought to overview their lactation insurance policies to make sure they adjust to the PUMP Act and canopy workers in all states.

The content material of this text is meant to supply a normal information to the subject material. Specialist recommendation must be sought about your particular circumstances.

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