Pregnant Worker Accommodations
Pregnant worker accommodations are work adjustments such as more frequent breaks or light carry duty that allow pregnant women to do their jobs safely, without jeopardizing their health or the health of their babies.
Benefits to EmployersFootnote # 1
- Increases productivity
- Provides benefit to employee at no– or low-cost to employer
- Improves recruitment
- Increases retention, reducing turnover costs
- Reduces employee absenteeism
- Reduces health care costs
- Reduces litigation costs
- Increases diversity
- Increases safety
- Increases employee commitment and satisfaction
Benefits to ChildrenFootnote # 2
- Improves unborn baby’s health and safety, including lower risk of preterm birth, low birthweight or miscarriage
Benefits to Parents/FamiliesFootnote # 3
- Improves mother’s health and safety and lowers risk for miscarriage
- Improves family economic security
Research or Recommendations from National Organizations
According to the American College of Obstetricians and Gynecologists:
- It is generally safe for a woman with an uncomplicated pregnancy to work without adverse health effects to her or her infant.Footnote # 4
- There is a slight to moderate increased risk of miscarriage for women who do extensive lifting for their jobs.Footnote # 5
- Accommodations may be needed for women who are exposed to toxins such as pesticides and heavy metals, or in jobs that have an increased risk of falls or injuries.Footnote # 6
- Women with complicated or high-risk pregnancies also may need accommodations for the health of themselves or their infant.Footnote # 7
Seventy-two percent of working women will become pregnant while employed at some time in their lives, and many of them will need minor accommodations in order to protect their health while pregnant, such as:Footnote # 8
- Offering additional, longer, or more flexible breaks to eat, drink, rest, or use the restroom.
- Changing a work schedule, such as having shorter hours, part-time work, or a later start time.
- Changing job duties, such as less lifting or more sitting.
- Changing food or drink policies to allow for a water bottle or food.
- Providing leave for medical appointments or to recover from childbirth.
Pregnant women who hold part-time, lower- wage, lower-skilled or more physically demanding jobs are more likely to need some kind of minor accommodation at work. When requests for adjustments are denied, low- wage workers are more likely to be forced to choose between their job and the health of themselves or their child.
Range of Practices in the United States
In 2022, Congress passed the Pregnant Workers Fairness Act (PWFA), which took effect in June of 2023. The legislation requires employers with 15 or more workers to provide reasonable accommodations for job applicants and employees with conditions related to pregnancy or childbirth.
The PWFA also prohibits employers from discriminating against a job candidate or employee because of their need for a pregnancy-related accommodation. Reasonable accommodations can include (but are not limited to) assigning light duty that doesn’t involve heavy lifting or allowing more frequent bathroom breaks.
Thirty states and the District of Columbia have passed laws further protecting pregnant workers. In 2018, North Carolina Governor Roy Cooper issued an executive order that applies to state agencies over which the Governor has oversight responsibility, which requires those agencies to provide accommodations due to pregnancy, childbirth or related medical condition.
Despite the passage of the PWFA, currently, several states and national organizations have filed lawsuits that would undermine the scope of its protections, and in at least one state, a recent court decision has limited the ability of state employees to enforce their rights under the law. Footnote # 9