Ready to request a reasonable accommodation under the Pregnant Workers Fairness Act? See below for a guide about how to write a letter, email, text, or other message about your own situation to send to your employer.
A sample letter for asking for lactation-related accommodations is available here.
Dear [Fill in name of supervisor/HR representative],
I am requesting a temporary accommodation for my pregnancy, childbirth or a related medical condition under the Pregnant Workers Fairness Act.
I am experiencing [Fill in your situation here. Some examples include: high blood pressure, nausea, dehydration, pressure in my lower belly, back pain, fatigue, exposure to toxic chemicals or another workplace hazard, extreme heat, childbirth recovery, pre- or post-partum depression, the need to express milk at work, etc. Note: this is not a complete list.]
I request the reasonable accommodation of [Fill in your request here. Some examples include: no lifting over 25 pounds, a temporary transfer, extra bathroom or water breaks, a modified work schedule, flexible scheduling or time off to attend pre/postnatal appointments, a larger uniform, leave to recover from childbirth, break time and private space to express milk, etc.]
I will need the accommodation beginning [Estimated start date] until [Estimated end date].
Thank you,
[Your name]
Note: This letter does not represent legal advice nor does using it create an attorney/client relationship with A Better Balance. The Pregnant Workers Fairness Act (PWFA) is a complex law and submitting the above request does not guarantee its protections. For further questions about the PWFA and related federal, state, and local laws, or to discuss possible options regarding legal advice and/or representation, please call our free and confidential legal helpline at 1-833-NEED-ABB.
If you would like to generally inform your employer about the Pregnant Workers Fairness Act going into effect, see below for a letter that outlines employers’ obligations under this new federal law. This letter is also available as a downloadable Word file here.
Dear [Insert Name of Employer/Owner here],
I write to share information about the Pregnant Workers Fairness Act (PWFA). Under this federal law, employers must provide reasonable accommodations for a worker’s limitations related to pregnancy (such as nausea, fatigue, or dehydration), childbirth (including recovery from childbirth), or pregnancy-related medical conditions (such as lactation, mastitis, pregnancy loss, or postpartum depression). Reasonable accommodations can include but are not limited to:
- Light duty, or help with manual labor and lifting
- Additional, longer, or flexible breaks to drink water, eat, rest, or use the bathroom
- Changing food or drink policies to allow a worker to have a water bottle or food
- Providing assistive equipment or devices, such as a stool or a fan at a workstation
- Making existing facilities easier to use, such as seating a worker closer to the bathroom
- Changing a uniform or dress code, like allowing maternity pants
- Changing a work schedule, like having shorter work hours or a later start time
- Breaks, private space (not a bathroom), and other accommodations for lactation
- Time off for prenatal or postnatal appointments
- Temporary transfer to a less physically demanding or less hazardous position
- Remote work or telework
- Leave to recover from childbirth, mastitis, pre- or postnatal depression, and more
Employees qualify for reasonable accommodations even if they can’t do all the essential functions of their job, as long as they will be able to resume their essential job functions in the near future (e.g. after their pregnancy ends).
Employers should engage in a timely, good-faith interactive discussion (the “interactive process”) with a worker who requires accommodations to identify accommodations that meet the worker’s needs. Employers should consider all requests but don’t have to provide accommodations that create an undue hardship (a significant difficulty or expense).
According to the PWFA, employers must not:
- Force workers to take leave when there is another accommodation the employer can provide without undue hardship
- Force workers to accept accommodations they do not want or need
- Retaliate against workers for needing, requesting, or using reasonable accommodations
- Request unnecessary/redundant medical information, e.g. making workers fill out a form if they have already provided enough information about their accommodation needs
More information about the PWFA is available from the U.S. government at https://www.eeoc.gov/wysk/what-you-should- know-about-pregnant-workers-fairness-act. You may have additional obligations to your pregnant and postpartum workers under other laws.
Sincerely,
[Insert your name here]
Note: This letter does not represent legal advice nor does using it create an attorney/client relationship with A Better Balance. The Pregnant Workers Fairness Act (PWFA) is a complex law and submitting the above request does not guarantee its protections. For further questions about the PWFA and related federal, state, and local laws, or to discuss possible options regarding legal advice and/or representation, please call our free and confidential legal helpline at 1-833-NEED-ABB.
