Thirty states, Washington, D.C. and 4 localities have pregnancy accommodation laws on the books for pregnant and postpartum workers in need of changes at work to stay healthy and employed. A nationwide law, the Pregnant Workers Fairness Act—which went into effect on June 27, 2023—also requires employers to make reasonable accommodations for employees who have a known limitation stemming from pregnancy, childbirth or related medical conditions unless the accommodation poses an undue hardship to the employer. The state laws will remain in effect. A Better Balance is proud to have led advocacy efforts to pass the federal Pregnant Workers Fairness Act and to have worked with partners and state-based coalitions on many of the state and local laws.
This page provides an overview of the protections available under each state law and answers some common questions about the interaction between the federal and state pregnancy accommodation laws. Below are:
- FAQs About the Federal PWFA & State PWFAs
- Descriptions of the State & Local PWFAs
- A Chart of the State & Local PWFAs
FAQs About the Federal PWFA & State PWFAs
Yes. The passage of the federal law does not affect (or “preempt”) the state laws. The state laws will remain in effect.
Depending on the circumstances, the federal law may be stronger than particular state/local laws. For instance, the federal law may guarantee workers the right to a broader range of reasonable accommodations than a specific state’s law. However, some state/local laws may provide better protection than the federal law in specific situations. For example, some state laws may cover more employees than the federal law, such as covering people who work for employers with fewer than 15 employees.
No. Workers may rely on both the federal law and their state/local law simultaneously for protection. They generally do not need to choose between them.
In addition, there are other laws, such as the Americans with Disabilities Act, the Pregnancy Discrimination Act, the Family & Medical Leave Act, the PUMP for Nursing Mothers Act, and the Fair Labor Standards Act that may provide other related protections. For more information about those laws, see here.
Because of the various laws that may apply to your situation, it is advisable to speak to a lawyer about your rights. For help understanding how these laws interact in your specific state, contact A Better Balance’s free, confidential legal helpline or visit our Workplace Rights Hub.
For people working in the 20 states without state laws, the federal Pregnant Workers Fairness Act will be their primary source of rights to accommodations related to pregnancy and childbirth. The twenty states without state protections are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Ohio, Oklahoma, Michigan, Mississippi, Missouri, Montana, New Hampshire, Pennsylvania, South Dakota, Texas, Wisconsin, and Wyoming.
30 states, Washington, DC and 4 localities have their own laws on the books that offer similar protections to the federal PWFA (described in more detail below).
Descriptions of the State & Local PWFAs
(Date: 1992) Upon employee request, public sector employers must offer pregnant employees transfer to a less strenuous or hazardous position provided that one is available, the transfer is recommended by a health care provider, and the employee is qualified for the new position. Alaska Stat. § 39.20.520.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Date: 1999) Employers with five or more employees must reasonably accommodate pregnant workers, workers recovering from childbirth, and workers with related medical conditions, if they request an accommodation. The employer can require the advice of a healthcare provider for these accommodations. Reasonable accommodation includes transfer to less strenuous or hazardous position. Employers must notify pregnant employees of these rights. Cal. Gov’t Code §§ 12945(a)(3)(A)-12945(a)(3)(C).
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: June 1, 2016 Effective Date: August 10, 2016 Support: Bipartisan Passage) Employers must provide reasonable accommodations to applicants and employees for health conditions related to pregnancy or the physical recovery from childbirth, if requested by the employee or applicant, unless the accommodations would impose an undue hardship on the business. The statute lists possible reasonable accommodations, but does not limit reasonable accommodations to those listed. Listed accommodations include: more frequent or longer break periods; more frequent restroom, food, and water breaks; acquisition or modification of equipment or seating; limitations on lifting; temporary transfer to a less strenuous or hazardous position if available, with return to the current position after pregnancy; job restructuring; light duty, if available; assistance with manual labor; or modified work schedules. An employer can require a note from a health care provider stating the necessity of the accommodation. A worker cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if it was not requested or is unnecessary. Employers must post notice of these rights, and provide written notice to employees. H.B. 16-1438, to be codified at Colo. Rev. Stat. § 24-34-401, 402.3.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: July 6, 2017 Effective Date: October 1, 2017 Support: Bipartisan Passage) Employers with three or more employees must make reasonable accommodations, for employees or those seeking employment, for pregnancy, childbirth, or related conditions, unless such an accommodation would impose an undue hardship on the employer. Reasonable accommodations, include, but are not limited to, permission to sit while working, taking longer or more frequent breaks, job restructuring, light duty assignments, time off to recover from childbirth, temporary transfer to a less strenuous or hazardous work, or break time and appropriate facilities to express breast milk. A worker cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if it is unnecessary to perform the “essential duties” of the job or if the employee doesn’t have a known limitation. Employers must post notice of these rights, and provide written notice to employees. Conn. Gen. Stat. §§ 46a-60(a)
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: Sept. 9, 2014 Effective Date: Sept. 9, 2014 Support: Unanimous, Bipartisan Passage) Employers with four or more employees must provide reasonable accommodations to pregnant workers, workers recovering from childbirth, and workers with related medical conditions (which includes lactation), unless the accommodations impose an undue hardship on the business. The statute lists possible reasonable accommodations such as breaks, providing seating equipment, and an appropriate place to express breast milk. A worker cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if it is unnecessary to perform the “essential duties” of the job. Employers must provide conspicuously posted written notice of these rights. 19 Del. Code §§ 710(16),(18), 711(a)(3), 716.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: Oct. 23, 2014 Effective Date: March 3, 2015 Support: Unanimous) Pregnant workers, workers recovering from childbirth, and workers with related medical conditions (which includes lactation), must receive reasonable accommodations unless the accommodations impose an undue hardship on the business. Employers may require documentation from the worker’s health care provider if it does so for other temporarily disabled employees. The statute lists possible reasonable accommodations such as breaks, time off to recover from childbirth, time off due to pre-birth complications, providing seating equipment, and an appropriate (non-bathroom) place to express breast milk. A worker cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if it is unnecessary to perform the duties of the job. Employers must provide notice of these rights in both English and Spanish. Protecting Pregnant Workers Fairness Act of 2014, D.C. Act. 20-458 (2014).
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Date: 1990) Employers must reasonably accommodate workers with needs due to pregnancy, childbirth, and related medical conditions, unless the accommodations impose an undue hardship on the business. According to the Deputy Executive Director of the Hawaii Civil Rights Commission, though the regulations refer to “disabilities” caused by pregnancy and related conditions, even if you have a healthy pregnancy, you have the right to a preventative accommodation. Women cannot be sanctioned for taking a reasonable time to recover from childbirth. Employers may require advice from the physician approving her return to work. Haw. Code R. §§12-46-106–108 ; Sam Teague, Ltd. v. Hawaii Civil Rights Com’n, 971 P.2d 1104 (Haw. 1999).
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: Aug. 26, 2014 Effective Date: Jan. 1, 2015 Support: Unanimous, Bipartisan Passage) Employers must provide reasonable accommodations to workers and job applicants who have a medical or common condition related to pregnancy or childbirth unless the accommodations impose an undue hardship on the business. The statute lists possible reasonable accommodations such as water and bathroom breaks, providing seating equipment, and a private non-bathroom place to express breast milk and for breastfeeding. Employers may require documented advice from the worker’s health care provider about the need for accommodation if they do so for employees with disabilities and the request is “job-related and consistent with business necessity.” A worker cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if not requested and they choose not to. Employers must post notice of these rights in a conspicuous location and include them in the employee handbook. 775 ILCS 5/2-102.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage date: April 9, 2019; Effective date: June 27, 2019; Support: Bipartisan passage)
Employers with fifteen or more employees must make reasonable accommodations for any employee with limitations related to pregnancy, childbirth, or a related medical condition (including the need to express breast milk) who requests an accommodation, unless the accommodation would impose an undue hardship on the employer’s business. An employee cannot be required to take leave if an accommodation can be provided.
Reasonable accommodations may include more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, appropriate seating, temporary transfer to a less strenuous or less hazardous position, job restructuring, light duty, modified work schedule, and private space that is not a bathroom for expressing breast milk.
Employers must provide written notice of these rights to all employees. Employers must also conspicuously post a written notice of these rights at their place of business. 2019 S.B. 18.
For more information about this law, see our FAQs here.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage date: June 17, 2021; Effective date: August 1, 2021; Support: Bipartisan passage)
Employers with more than twenty-five employees must make reasonable accommodations for any employee with limitations related to pregnancy, childbirth, or a related medical condition (including the need to express breast milk for up to 1 year after the child’s birth) who requests an accommodation, unless the accommodation would impose an undue hardship on the employer’s business. An employee cannot be required to take leave if an accommodation can be provided.
Reasonable accommodations may include, but are not limited to, more frequent or longer compensated breaks, including bathroom breaks, time off to recover from childbirth, acquisition or modification of equipment, appropriate seating, temporary transfer to a less strenuous or less hazardous position, job restructuring, light duty, modified work schedule, and private space that is not a bathroom for expressing breast milk.
Employers must provide written notice of these rights to all employees. Employers must also conspicuously post a written notice of these rights at their place of business. La. Rev. Stat. § 23:342.
For more information about this law, see our FAQs here.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage date: June 27, 2019; Effective date: September 19, 2019; Support: Bipartisan passage)
All employers must make reasonable accommodations, upon request, for any employee with a pregnancy-related condition, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer’s business. A pregnancy-related condition means a known limitation of an employee’s ability to perform the functions of a job due to pregnancy, childbirth or related medical conditions, including but not limited to lactation.
Reasonable accommodations may include, but are not limited to: providing more frequent or longer breaks; temporary modification in work schedules, seating, or equipment; temporary relief from lifting requirements; temporary transfer to less strenuous or hazardous work; and provisions for lactation. 2019 L.D. 666.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: May 16, 2013 Effective Date: Oct. 1, 2013 Support: Bipartisan Passage)
If you work for an employer with 15 or more employees, and you need a “reasonable accommodation” because of a “disability that is contributed to or caused by pregnancy,” your employer must explore with you all possible means of accommodating you unless it would be really difficult or expensive. Your employer may require you to provide medical certification from your healthcare provider about the need for an accommodation if they require medical certification from other temporarily disabled employees. Examples of accommodations explicitly covered by the law include changing your job duties or work hours, relocating your work area, transferring you to a less strenuous or hazardous position, and providing leave. Md. Code Ann. State Gov’t § 20-609.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: July 27, 2017 Effective Date: April 1, 2018 Support: Unanimous Passage) Employers with six or more employees cannot deny reasonable accommodations to pregnant employees or employees with a condition related to pregnancy, including lactation or the need to express breast milk for a nursing child, if the employee requests an accommodation. Employers may only deny an employee a reasonable accommodation if the accommodation would impose an undue hardship on the employer’s program, enterprise, or business. Reasonable accommodations under the statute, may include, but are not limited to more frequent or longer paid or unpaid breaks; time off to attend to a pregnancy complication or recover from childbirth with or without pay, acquisition or modification of equipment or seating; temporary transfer to a less strenuous or hazardous position; job restructuring; light duty; private non-bathroom space for expressing breast milk; assistance with manual labor; or a modified work schedule. Employers may not take adverse action against an employee for requesting or using an accommodation, require an employee to accept an unnecessary accommodation or one the employees chooses not to accept, or force employees to take leave if a reasonable accommodation can be provided. Employers must engage in a good faith, interactive process with the employee to determine an effective reasonable accommodation to provide the employee. Employers are allowed to require that employees submit documentation from an appropriate health care or rehabilitation professional confirming the need for the accommodation but may not require documentation if the employee is requesting more frequent restroom, food, or water breaks; seating; limits on lifting over 20 pounds; or private non-bathroom space for expressing breast milk. Employers must distribute written notice of these rights to all employees. Mass. Gen. Laws. Ch. 151B, §4
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: May 11, 2014 Effective Date: May 12, 2014) Employers with twenty-one or more employees must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if she requests it and it is advised by her licensed health care provider or certified doula, unless it is an undue hardship on the operation of the employer’s business. Accommodations named in the statute include: temporary transfer to a less strenuous or hazardous position, seating, frequent restroom breaks, and limits to heavy lifting. Accommodations that DO NOT require a doctor’s note, and which an employer CANNOT claim are an undue hardship are: more frequent restroom, food, and water breaks; seating; and limits on lifting over 20 pounds. A worker cannot be forced to accept an accommodation they do not need. Employers must provide reasonable unpaid break time to an employee who needs to express breast milk for her infant child, unless the break time would unduly disrupt the business operations of the employer. For expressing breast milk, an employer with any number of employees must make reasonable efforts to provide a non-bathroom space that is shielded from view and free from intrusion that includes access to an electrical outlet. Minn. Stat. §181.939; Minn. Stat. § 181.9414.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: April 13, 2015 Effective Date: Sept. 2015 Support: Unanimous Passage) Employers with fifteen or more employees must provide reasonable accommodations to workers who are pregnant, have given birth, or who have a related medical condition unless the accommodations would impose an undue hardship on the employer. Accommodations named in the statute include: seating, breaks, light-duty assignments, and an appropriate place to express breast milk. A worker cannot be forced to take leave if an accommodation can be provided. Neb. Rev. Stat. §§ 48-1102(11), 1107.02(2).
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: Jan. 21, 2014 Effective Date: Jan. 21, 2014 Support: Bipartisan Passage) Workers affected by pregnancy, which includes childbirth and medical conditions related to pregnancy and childbirth, must receive reasonable accommodations unless the accommodations would impose an undue hardship on the employer. The employee must request the accommodation based on the advice of her physician. Accommodations named in the statute include, but are not limited to: bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. N.J. Stat. § 10:5-12(s).
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: March 6, 2020; Effective Date: May 20, 2020; Support: Unanimous, Bipartisan Passage) Employers with four or more employees must make reasonable accommodations for employees and applicants with a need arising from pregnancy, childbirth, or a related condition. Reasonable accommodation means a modification or adaptation of the work environment, work schedule, work rules, or job responsibilities, that is reached through good faith efforts to explore less restrictive or less expensive alternatives to enable an employee to perform the essential functions of the job and that does not impose an undue hardship on the employer. Employees cannot be required to take leave if another reasonable accommodation can be provided. NMSA §§ 28-1-2, 28-1-7.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: October 21, 2015 Effective Date: Jan. 19, 2016 Support: Unanimous Passage) Employers must make reasonable accommodations for workers with pregnancy-related conditions [which means a condition that still allows an employee to reasonably perform the activities required of the job when given a reasonable accommodation (including lactation)], unless the accommodations would pose an undue hardship on the employer. Reasonable accommodations include: provision of an accessible worksite, acquisition or modification of equipment, job restructuring, and modified work schedules. An employer can request a health care provider’s note in order to verify the existence of the pregnancy-related condition, or to have information that is necessary for an accommodation. Employees have a right to have this information kept private. 2015-S8, to be codified at NY Exec. Law §§ 292, 296.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: December 6, 2018 Effective Date: December 6, 2018) All state agency employees have a legal right to workplace adjustments for pregnancy, childbirth, or related medical conditions in order to perform the essential functions of their job unless it would case an undue hardship on the employer. Workplace adjustments may include, but are not limited to, a change in workstation and seating equipment, and/or relocation of workplace materials and equipment to make them more accessible, more frequent and/or longer breaks, periodic rest, assistance with manual labor, modified work schedules, including the option to work from home, modified work assignment, adjustment of uniforms or dress codes, provision of properly sized safety gear, temporary transfer, reasonable break time and access to appropriate, non-bathroom lactation accommodations for rest and/or to express breast milk, access to food and drink and permitting meals and beverages at workstation, changes in lighting and noise levels, and closer parking and/or access to mobile assistance devices. State agencies may require employees to obtain documentation from a healthcare provider certifying the need for workplace adjustments. State agencies must provide written notice of rights and take any additional steps to prevent discrimination, retaliation, and harassment. N.C. Exec. Order No. 82 (2018).
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: April 6, 2015 Effective Date: Aug. 1, 2015 Support: Bipartisan Passage) Employers must make reasonable accommodations for a pregnant worker who is otherwise qualified for the job, unless the accommodations would disrupt or interfere with the employer’s normal business operations; threaten an individual’s health or safety; contradict a business necessity of the employer; or impose an undue hardship on the employer. N.D. Cent. Code § 14-02.4-03.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage date: May 22, 2019; Effective date: January 1, 2020; Support: Bipartisan passage)
Employers with six or more employees must make reasonable accommodations for any job applicant or employee with known limitations related to pregnancy, childbirth, or a related medical condition, including lactation, unless the accommodation would impose an undue hardship on the employer’s business. An employee cannot be required to take leave if an accommodation can be provided.
Reasonable accommodations may include, but need not be limited to: acquisition or modification of equipment or devices; more frequent or longer break periods or periodic rest; assistance with manual labor; or modification of work schedules or job assignments.
Employers must post a written notice of these rights in a conspicuous and accessible location. Employers must also provide written notice to new employees at the time of hire, existing employees within 180 days of the law’s effective date, and pregnant employees within 10 days after being informed of the pregnancy. 2019 H.B. 2341.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: June 25, 2015 Effective Date: June 25, 2015 Support: Unanimous, Bipartisan Passage) Employers with four or more employees must provide reasonable accommodations to workers for needs related to pregnancy, childbirth, and related medical conditions (including the need to express breast milk) if she requests them, unless the accommodations would impose an undue hardship on the business. The statute lists possible reasonable accommodations such as breaks, seating, and a non-bathroom location to express breast milk. A worker cannot be forced to take leave if an accommodation can be provided, or be required to accept an accommodation if they choose not to. Employers must post notice of these rights in a conspicuous location. 2015-S 0276 Substitute A as Amended, to be codified at R.I. Gen. Laws § 28-5-7.4.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: May 18, 2018; Effective Date: May 18, 2018 Support: Bipartisan Passage) Employers with fifteen or more employees cannot deny reasonable accommodations to employees with medical needs arising from pregnancy, childbirth or related medical conditions, including lactation. Employers may only deny an employee a reasonable accommodation if the accommodation would impose an undue hardship on the operation of the employer.
Reasonable accommodations under the statute, may include, but are not limited to more frequent bathroom breaks; providing a private place, other than a bathroom stall for the purpose of expressing milk; modifying food or drink policy; providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; and acquiring or modifying equipment or devices necessary for performing essential job functions; and modifying work schedules.
Employers may not take adverse action against an employee for requesting or using an accommodation, require an employee to accept an unnecessary accommodation or one the employees chooses not to accept, or force employees to take leave if a reasonable accommodation can be provided. Employers must distribute written notice of these rights to all employees. S.C. Code § 1-13-80
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage date: June 22, 2020; Effective date: October 1, 2020; Support: Unanimous passage) Employers with fifteen or more employees must make reasonable accommodations for any employee with medical needs arising from pregnancy, childbirth, or related medical conditions who requests an accommodation, unless the accommodation would impose an undue hardship on the employer’s business. An employee cannot be required to take leave if another accommodation can be provided.
Reasonable accommodations may include making existing facilities readily accessible and usable; providing more frequent, longer, or flexible breaks; providing a private place, other than a bathroom stall, for the purpose of expressing milk; modifying food or drink policy; providing modified seating or allowing the employee to sit more frequently if the job requires standing; providing assistance with manual labor and limits on lifting; authorizing a temporary transfer to a vacant position; providing job restructuring or light duty, if available; acquiring or modifying of equipment, devices, or an employee’s work station; modifying work schedules; and allowing flexible scheduling for prenatal visits.
An employer may, if required of other employees with medical conditions, request that an employee provide medical certification from a healthcare professional if the employee is requesting a reasonable accommodation related to temporary transfer to a vacant position, job restructuring, or light duty, or an accommodation that requires time away from work. While an employee seeks medical certification, an employer must begin engaging in a good faith interactive process to determine if a reasonable accommodation can be provided. 2020 S.B. 2520
For more information about this law, see our FAQs here.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Date: 2001) Municipal and county employers must make a reasonable effort to accommodate a pregnant employee whose physician determines her to be partially physically restricted by a pregnancy. In addition, pregnant municipal and county government employees whose doctors determine that they cannot perform the duties of their position because of their pregnancy can receive an alternative temporary work assignment if an alternative assignment is available. Tex. Loc. Gov’t. Code § 180.004.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: March 28, 2016 Effective Date: May 10, 2016 Support: Bipartisan Passage) Employers with fifteen or more employees must provide reasonable accommodations for needs related to pregnancy, childbirth, or related medical conditions (including breastfeeding) if requested by the worker, unless the accommodations would impose an undue hardship on the business. Employers can require a doctor’s note from the worker that lists the date the accommodation becomes advisable, the probable duration of the accommodation, and a statement explaining the advisability of the accommodation. Accommodations that an employer CANNOT require a doctor’s note for are: more frequent restroom, food, and water breaks. Employers must post notice of these rights in a conspicuous location or include them in the employee handbook. 2016 S.B. 59, amending Utah Code §§ 34-49-202, 34A-5-102, 106.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: May 4, 2017 Effective Date: January 1, 2018 Support: Bipartisan Passage) Employers must provide reasonable accommodations to workers with pregnancy-related conditions, unless the accommodation imposes an undue hardship on the business. A worker’s pregnancy-related condition does not need to rise to the level of a disability in order for the employer to accommodate them. 21 V.S.A. § 495k.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage date: April 11, 2020; Effective date: July 1, 2020; Support: Bipartisan passage) Employers with five or more employees must provide reasonable accommodations to the known limitations of a person related to pregnancy, childbirth, or related medical conditions, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. Employees cannot be required to take leave if another reasonable accommodation can be provided.
Reasonable accommodations can include more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth.
Employers must post notice of these rights in a conspicuous location and include them in the employee handbook. Employers must also provide this information directly to new employees and to employees that have notified their employers that they are pregnant. 2020 H.B. 827.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: May 16, 2017 Effective Date: July 23, 2017 Support: Unanimous, Bipartisan Passage) Employers with fifteen or more employees must provide reasonable accommodations to pregnant workers, unless the accommodation would impose an undue hardship on the business. Reasonable accommodations include, but are not limited to, frequent, longer, or flexible bathroom breaks, modification to a no food or drink policy, job restructuring, part-time, or modified work schedules, providing seating or allowing the employee to sit more frequently, temporary transfer to a less strenuous or hazardous position, providing assistance with manual labor or lifting, and scheduling flexibility for prenatal visits. An employee can request another type of accommodation, and an employer must give reasonable consideration to that request. An employer can request that you provide written certification from a healthcare professional regarding the need for accommodation. However, an employer cannot request such certification if a worker is requesting more frequent breaks, modification to a no food or drink policy, job restructuring or a modified work schedule, or limits on lifting over 17 pounds. A worker may also not be forced to take leave if an accommodation can be provided. Wash. Rev. Code § 43.10.005
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: March 6, 2014 Effective Date: June 4, 2014 Support: Bipartisan Passage) Employers with twelve or more employees must provide reasonable accommodations to workers with limitations related to pregnancy, childbirth, or related medical conditions with written documentation from their health care provider that specifies their limitations and suggests what accommodations would address those limitations, unless the accommodations impose an undue hardship on the business. A worker cannot be forced to take leave if an accommodation can be provided, or forced to accept an accommodation if they choose not to. W. Va. Code § 5-11B-2.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: October 2, 2013 Effective Date: January 30, 2014 Support: Unanimous, Bipartisan Passage) Employers with four or more employees must provide reasonable accommodations to the needs of an employee for pregnancy, childbirth, and related medical conditions, provided it would not cause an undue hardship. Employers must provide written notice of these rights. N.Y. Admin. Code 8-107(22). Learn more about the NYC PWFA here.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: December 12, 2013 Effective Date: January 20, 2014) Employers must provide reasonable accommodations to employees, if requested, for needs related to pregnancy, childbirth, or a related medical condition, so long as the accommodations will not cause an undue hardship to the employer. Reasonable accommodations include restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring. Employers must provide written notice of these rights. Phila. Code § 9-1128.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: March 12, 2019 Effective Date: March 15, 2019) Employers must provide reasonable accommodations for an employee’s pregnancy, childbirth, or related medical condition, and for an employee who is the partner of a person who is pregnant or affected by a related medical condition, so long as the accommodation will not cause an undue hardship to the employer. Reasonable accommodations include schedule modifications, light duty, temporary reassignment, being permitted to sit or eat at one’s work station, time off for medical appointments, leave to recover from childbirth or to care for a partner who is recovering from childbirth, and more. Pittsburgh City Code § 659.02 (2019); Pittsburgh Comm’n on Hum. Rels., Guidance on Discrimination on the Basis of Pregnancy: Pittsburgh City Code Ch. 659, Sect. 659.02 (Feb. 26, 2019).
(Passage Date: April 14, 2014 Effective Date: April 14, 2014) Employers cannot refuse to reasonably accommodate a condition related to pregnancy, childbirth, or a related medical condition, which includes lactation. Reasonable accommodations include seating, acquisition or modification of equipment, more frequent or longer breaks, temporary transfer to less strenuous or hazardous work, assistance with manual labor, job restructuring, light duty, modified work schedules, time off to recover from childbirth, break time and a private, non-bathroom space for expressing breast milk. A worker cannot be forced to take leave if an accommodation can be provided. Written notice must be provided. Central Falls, R.I. Code § 12-5.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
(Passage Date: May 15, 2014 Effective Date: June 2, 2014 Support: Unanimous, Bipartisan Passage) Employers with seven or more employees must provide reasonable accommodations for conditions related to pregnancy, childbirth, and related medical conditions, unless it would pose an undue hardship. This includes lactation. Reasonable accommodations include seating, acquisition or modification of equipment, more frequent or longer breaks, temporary transfer to less strenuous or hazardous work, assistance with manual labor, job restructuring, light duty, modified work schedules, time off to recover from childbirth, break time and a private, non-bathroom space for expressing breast milk. A worker cannot be forced to take leave if an accommodation can be provided. Employers must provide written notice of these rights. Ordinance to be codified at Providence, R.I., Code § 16-57.
Workers may also have additional rights under the federal Pregnant Workers Fairness Act and other laws. Visit the Workplace Rights Hub for more.
A Chart of the State & Local PWFAs
Please note that these laws are complex and this page is not intended to provide legal advice. Please contact us at 1-833-NEED-ABB or online if you have questions about your rights.
