The Pregnant Workers Fairness Act (PWFA), which came into effect in June 2023, mandates that covered employers provide job-related accommodations for employees experiencing limitations due to pregnancy, childbirth, or related medical conditions. Since its enactment, the U.S. Equal Employment Opportunity Commission (EEOC) has issued regulations clarifying employer obligations, particularly emphasizing the need for an interactive dialogue with employees to identify and implement reasonable accommodations. In December 2024, the EEOC released informal guidance aimed at healthcare providers, offering practical advice on assisting patients in seeking PWFA accommodations.
Understanding Employer Obligations Under PWFA
Employers must now engage in a collaborative process with their employees who face work limitations due to pregnancy or childbirth. This process involves understanding the specific needs of these employees and implementing suitable adjustments. Similar to the Americans with Disabilities Act (ADA), healthcare provider documentation plays a crucial role in facilitating this interactive dialogue. Documentation should detail the employee's condition, the potential benefits of proposed accommodations, and the expected duration of such measures.
Under PWFA, employers are required to participate actively in discussions with employees to determine appropriate accommodations. Healthcare providers can significantly aid this process by providing detailed information about the patient's condition and the necessary adjustments. For instance, they can suggest changes in work policies, additional break times, modified work equipment, flexible dress codes, adjusted work schedules, telework options, light-duty assignments, and leaves of absence for medical appointments or recovery from childbirth. Importantly, PWFA allows for the temporary suspension of essential job functions as a form of accommodation, a provision not typically available under ADA.
Guidance for Healthcare Providers on PWFA Accommodations
Healthcare providers play a pivotal role in supporting expectant workers by informing them about their rights under PWFA and helping them navigate the accommodation process. The EEOC’s informal guidance encourages providers to be proactive in educating patients about PWFA entitlements, even for minor or episodic conditions. Providers are advised to think creatively about potential accommodations, recognizing that PWFA does not limit what patients can request.
To assist in completing medical paperwork, healthcare providers should clearly outline their professional qualifications, confirm the patient's condition without requiring a formal diagnosis, and specify how the condition is related to pregnancy or childbirth. They should also describe the necessary workplace adjustments, including the anticipated duration of these accommodations. Providers are encouraged to remain flexible and open to alternative suggestions from employers while ensuring that any requested accommodations do not overstate the employee's needs. Additionally, the EEOC emphasizes the importance of understanding the interplay between PWFA and other laws like the Pregnancy Discrimination Act, ADA, Family and Medical Leave Act, and PUMP Act, each of which offers distinct protections and requirements. While the guidance does not impose legal obligations on providers, it underscores the critical role of medical documentation in clarifying employer responsibilities towards pregnant and childbearing employees.