Pregnancy Accommodation Requests: What to Know, Say, and Avoid

Federal law and many state and local laws require employers to provide reasonable accommodations to qualified pregnant applicants and employees. To help you understand these laws, here are answers to frequently asked questions about pregnancy accommodations and how employers should respond to requests for them.

KEY POINTS

You don’t need to use the word “accommodation” to make a pregnancy accommodation request.
Many accommodations are simple and low-cost.
Employers should engage in an interactive process when an employee requests an accommodation.
The accommodation provided must be effective.

Q: What is a reasonable accommodation for pregnancy?

A: Generally, a reasonable accommodation is a change in the work environment or the way things are usually done at work. Some examples of possible reasonable accommodations for pregnancy include:

Giving longer, or more flexible breaks to drink water, eat, rest, or use the restroom
Making exceptions to food or drink policies to allow for a water bottle or food
Changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing
Adjusting a dress code or providing modified safety equipment
Modifying a work schedule, such as having shorter hours, part-time work, or a later start time
Allowing telework
Suspending one or more essential functions of a job temporarily
Assigning light duty or help with lifting or other manual labor
Providing leave for doctors’ appointments or to recover from childbirth or other medical conditions related to pregnancy or childbirth

Many relevant laws define what constitutes a reasonable accommodation and provide specific examples of accommodations likely to be deemed reasonable.

Q: What federal law primarily focuses on reasonable accommodations for pregnancy?

A: While there are a number of federal laws that address pregnancy and pregnancy-related conditions in the workplace, the federal Pregnant Workers Fairness Act (PWFA) is the federal law that primarily focuses on pregnancy accommodations. The PWFA requires employers with 15 or more employees to provide a reasonable accommodation to a qualified applicant’s or employee’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” Under this federal law, undue hardship generally means significant difficulty or expense.

Pregnancy-related accommodations may also be required under other laws, such as the federal Pregnancy Discrimination Act and the federal Americans with Disabilities Act, depending on the circumstances.

Q: How many states and local jurisdictions require pregnancy accommodations?

A: More than 30 states and cities have enacted laws that require employers to provide accommodations for pregnant workers. These laws vary significantly in coverage and their requirements, and what is considered undue hardship, so be sure to review the specific laws that apply to your workforce carefully.

Q: Can you provide some examples of these state and local laws?

A: Here are three examples of these types of laws:

In California, employers with five or more employees must provide reasonable accommodations for an employee affected by pregnancy when the accommodation is medically advisable and reasonable.
In Minnesota, all employers must provide reasonable accommodations for health conditions related to pregnancy or childbirth if the employee requests an accommodation based on the advice of their healthcare provider or certified doula, unless doing so would impose an undue hardship.
In New York City, employers with four or more employees, or one or more domestic workers, must provide reasonable accommodations to employees related to pregnancy, childbirth, and related medical conditions to enable them to continue working and/or return to work promptly while maintaining a healthy pregnancy. The state of New York also has a law requiring reasonable accommodations for pregnancy.

Q: Under these laws, must employees use the term “reasonable accommodation” to be entitled to one? Must the request be in writing?

A: No, the request doesn’t need to use specific terms nor be in writing. The applicant or employee or their representative simply must inform the employer that they have a limitation related to pregnancy and that they need an adjustment or change in their working conditions due to it. For example, the individual could just say or ask:

“I’m having trouble getting to work at my scheduled starting time because of morning sickness.”
“Could I have more bathroom breaks because of my pregnancy?”
“I would like time off from work to attend a medical appointment because of my pregnancy.”

Q: What should I do if one of my employees informs me that they need an accommodation?

A: You should promptly engage in a good-faith conversation (also known as the interactive process) with the employee to identify what limitations the pregnancy imposes on their ability to perform their job and what accommodation(s) may be effective in addressing the limitations. Employers should document this process.

Q: One of my employees requested a specific accommodation for their pregnancy. Do I have to grant it?

A: Whatever accommodation you choose, it must be effective in addressing their pregnancy-related limitations at work. So you could either implement the accommodation the individual requested or another effective accommodation. As a best practice, document all accommodation options, and check in with the employee periodically to ensure the accommodation selected remains effective.

Q: What are some mistakes an employer should avoid when an employee requests a pregnancy accommodation?

A: Here are several common mistakes to avoid:

Denying the request or assuming it would impose an undue hardship without evaluating it.
Failing to engage in a conversation with the individual requesting the accommodation (the interactive process).
Forcing an employee onto leave or transfer when another accommodation would work.
Assuming a pregnant employee cannot perform their job.
Refusing reasonable accommodations recommended by a health-care provider without a legitimate reason.
Retaliating against the employee for requesting an accommodation, such as saying it may hurt their prospects for a promotion.
Requiring unnecessary medical documentation.
Treating pregnancy-related limitations less favorably than other temporary medical conditions.

Conclusion

Pregnancy accommodation laws are designed to help qualified applicants and employees continue working safely and effectively while addressing limitations related to pregnancy, childbirth, and related medical conditions. For small employers, the key to compliance is recognizing accommodation requests when they arise, responding promptly, engaging in a good-faith interactive process, and carefully evaluating accommodation options. Because federal, state, and local requirements can differ significantly, employers should review the laws that apply to their workforce and ensure supervisors understand how to respond appropriately to accommodation requests.

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