HR Glossary | 5 minute read

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) is a federal law that requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation would cause undue hardship. It took effect on June 27, 2023.

The PWFA covers accommodations only. Other laws bar firing or mistreating someone because of pregnancy, and an employee does not need a disability to qualify for a PWFA accommodation.

Who Must Follow the PWFA, and Who Is Protected?

The PWFA applies to private and public employers with 15 or more employees. According to the EEOC's PWFA overview, it also applies to Congress, federal agencies, employment agencies and labor organizations.

It protects qualified applicants and employees who have a known limitation. A limitation is a physical or mental condition related to, affected by or arising out of pregnancy, childbirth or related medical conditions that the employee has communicated to the employer. It can be minor or episodic, such as morning sickness or migraines.

What Does the PWFA Require Employers to Do?

Under the statute, employers must provide reasonable accommodations unless they cause undue hardship, which the EEOC defines as significant difficulty or expense. Employers may not force a different accommodation than the one reached through the interactive process. They also may not deny opportunities because an accommodation is needed, require leave when another accommodation works, or retaliate.

More, longer or more flexible breaks to drink water, eat, rest or use the restroom.
A stool, different equipment, or a uniform or dress code change.
A different schedule, shorter hours or telework.
Temporary reassignment or temporary suspension of an essential function.
Time off for appointments or to recover from childbirth.

An employee can qualify even when unable to perform an essential function, if the inability is temporary, the function could be performed in the near future and the inability can be reasonably accommodated. Employers may not require documentation when the need is obvious, and may not require an exam by a provider they choose.

How Is the PWFA Different From the ADA, Title VII and FMLA?

These laws overlap but do different jobs. The EEOC will keep accepting accommodation charges under Title VII and the ADA as well as the PWFA, because some workers qualify under more than one. The PWFA borrows its accommodation and undue hardship concepts from the ADA, which our reasonable accommodation entry covers.

Law	What it does	Key difference from the PWFA
ADA	Requires accommodations for qualified people with disabilities	Pregnancy itself is not a disability under the ADA. The PWFA applies whether or not the limitation is a disability.
Title VII	Bars discrimination based on pregnancy, childbirth or related conditions	Requires treating affected workers like others similar in ability to work. The PWFA adds a duty to accommodate.
FMLA	Gives unpaid, job-protected leave for certain family and medical reasons	Enforced by the Department of Labor and limited to leave. PWFA accommodations include leave and many other changes.

The PWFA also does not replace the PUMP Act, which the Department of Labor enforces and which covers expressing breast milk at work. The EEOC says the PWFA does not replace federal, state or local laws that protect workers more.

What Is the Current Legal Status of the PWFA Rule?

The statute is in force. The EEOC issued its final regulation on April 15, 2024, and it took effect on June 18, 2024. On May 21, 2025, a federal court in Louisiana vacated the part of the regulation that treats abortion as a related medical condition, along with guidance requiring accommodation for purely elective abortions, and sent the rule back to the EEOC to revise.

The court's order vacated only that part. Court rulings and agency action can change which parts of the rule apply, so check EEOC.gov and the Federal Register for the current text before you rely on it.

What Should Employers Do to Prepare?

Train supervisors first. The EEOC notes that first-level supervisors are likely to receive accommodation requests and must know how to respond without retaliating. Workers do not need special words to ask. Once they do, start the interactive process and respond promptly.

Keep medical questions to a minimum. Documentation is not reasonable when the need is obvious, such as a larger uniform for a visibly pregnant employee, or when the employee needs extra restroom breaks or a water bottle. Any medical information you do collect must stay confidential under the ADA.

How Can HR Cloud Help With PWFA Compliance?

HR Cloud's form builder page says users can build custom forms from existing fields or a template library and create signing-order workflows with specific tasks, permissions and alerts. An HR team could use these tools to set up its own accommodation request and follow-up process. The time off page describes leave requests, approvals and custom leave policies.

The pages do not describe PWFA-specific features, accommodation decisions or controls for medical documentation. HR Cloud does not decide what is a reasonable accommodation or an undue hardship. HR must run the interactive process itself and keep medical information confidential.

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Frequently Asked Questions

Q: Does the PWFA require employers to give leave?

A: Leave can be a reasonable accommodation, but employers do not have to provide it if it causes undue hardship. They also cannot require leave when another accommodation would let the employee keep working.

Q: Can an employer ask for a doctor's note?

A: Only in limited situations. It is not reasonable when the need is obvious or when the employer would not ask for a note in a similar situation, and the employer may not choose the provider.

Q: Does the PWFA cover conditions after the baby is born?

A: Yes. The EEOC says covered conditions include postpartum depression, lactation and miscarriage, along with uncomplicated pregnancies and delivery.

Q: Can an employer fire an employee for asking for an accommodation?

A: No. The PWFA prohibits retaliation for requesting or using an accommodation, and it bars denying job opportunities because of the need for one.

Q: Does the PWFA apply to employers with fewer than 15 employees?

A: Not under the federal law. The EEOC says more than 30 states and cities have their own pregnancy accommodation laws, so check local rules.

Q: Does the PWFA require accommodation for abortion?

A: A federal court vacated the regulation's abortion provisions in May 2025 and sent the rule back to the EEOC. Treat this as an open question and check current EEOC guidance and your state law.