Working During Pregnancy: Rights and…

Pregnancy shouldn't mean choosing between your health and your job. Here’s what you need to know:

Federal Protections: The Pregnant Workers Fairness Act (PWFA) requires employers with 15+ employees to provide reasonable accommodations for pregnancy-related needs, like extra breaks or modified workstations.
State Laws: Over 30 states offer additional protections, like paid leave or expanded accommodations.
Common Accommodations: Adjustments include ergonomic chairs, flexible hours, and remote work options.
Legal Safeguards: The Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA) protect against discrimination and provide unpaid leave.
How to Get Support: Communicate your needs with your employer, provide a doctor’s note, and document all discussions.

Knowing your rights helps you protect your health while staying productive at work.

A Guide to Protections and Accommodations Under the Pregnant Workers Fairness Act

Legal Rights at Work During Pregnancy

Understanding your rights is crucial. Federal and state laws are in place to protect expecting mothers in the workplace.

The Pregnant Workers Fairness Act (PWFA)

As of June 27, 2023, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, as long as doing so doesn’t cause undue hardship for the employer.

One of the purposes behind the Pregnant Workers Fairness Act is to make sure that pregnant employees can continue to work. Under the Pregnant Workers Fairness Act, an employee is entitled to an accommodation. ^[5]

Examples of PWFA accommodations include:

Accommodation Type	Examples
Physical Adjustments	Modified equipment, temporary workstation changes
Flexible Scheduling	Extra breaks, adjusted work hours
Policy Changes	Adjustments to food/drink policies, uniform changes
Work Arrangements	Options for telework, temporary reassignment

These accommodations aim to support pregnant employees while ensuring they can continue to perform their jobs. Additionally, federal laws provide further safeguards.

Federal Laws for Pregnant Workers

The Pregnancy Discrimination Act (PDA)
The PDA, part of Title VII, prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. According to the U.S. Equal Employment Opportunity Commission:

Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work. ^[6]

The Family and Medical Leave Act (FMLA)
For eligible employees, the FMLA provides up to 12 weeks of unpaid, job-protected leave. This covers prenatal care, pregnancy-related medical needs, and bonding time with a new child.

State and local laws can extend these protections even further.

State Laws and Local Rules

State and local regulations often go beyond federal protections. By January 10, 2024, thirty states, Washington, D.C., and four localities will have enacted their own pregnancy accommodation laws ^[7]. These laws may include:

Protections for employees at smaller companies (fewer than 15 employees)
Paid leave options
Additional rights for lactation and other pregnancy-related needs
Expanded accommodation requirements

In states without specific pregnancy accommodation laws (such as Alabama, Florida, and Texas), federal protections under the PWFA still apply. Workers can also access free tools like A Better Balance's Workplace Rights Hub to learn more about their rights in their state ^[7].

You can rely on both federal and state laws, using whichever offers stronger protections in your situation.

Common Workplace Accommodations

Physical changes during pregnancy can impact how you work. Knowing what accommodations are available can help you stay comfortable, safe, and productive.

Physical Workspace Changes

As your body changes during pregnancy, adjusting your workspace can make a big difference.

Here are some common adjustments:

Accommodation Type	Purpose	Examples
Ergonomic Support	Reduce strain on muscles	Lumbar pillows, adjustable chairs, footrests
Lifting Modifications	Lower risk of injury	Mechanical aids, team lifting, reduced weight limits
Postural Support	Help with balance and posture	Supportive chairs, posture aids

Changes to your work schedule and breaks can also help with comfort and energy levels.

Work Hours and Break Time

Attorney Daphne Delvaux of Delvaux Law suggests:

Go to your provider, and explain the physical or mental challenges you are experiencing. Then, with a doctor's note in hand, approach your employer and ask for what you need. ^[8]

Here are some scheduling adjustments you can request:

Flexible start times to manage morning sickness
Extra restroom breaks
Time off for medical appointments
Short rest periods between physically demanding tasks
Opportunities to work remotely, if possible

Be specific about your needs - for example, asking for two additional 10-minute restroom breaks - so your employer knows exactly how to assist.

Workplace Comfort Adjustments

The U.S. Equal Employment Opportunity Commission states:

Limitations may be minor and may be associated with an uncomplicated pregnancy and may require accommodations that are easy to make. ^[1]

Some simple environmental changes include:

Access to temperature controls
Better ventilation in your workspace
Adjusted lighting to ease eye strain

Your doctor can guide you on which adjustments will best support your health and comfort during pregnancy.

Talking with Your Employer

Announcing Your Pregnancy at Work

Arrange a private meeting with your supervisor – either face-to-face or via video – to share your news in a professional manner. To prepare, focus on these key areas:

Preparation Step	Action Items
Company Research	Review maternity leave policies and understand your paid and unpaid options.
Medical Guidance	Discuss any work-related health considerations with your healthcare provider.
Coverage Planning	Think about how tasks can be redistributed and plan for a smooth handover.
Documentation	Collect relevant company policies and medical documents that support your case.

When you meet, maintain a positive and professional tone. Start by affirming your dedication to your role, then share your news clearly. If you're comfortable, include your due date and an outline of your initial leave plans.

Be prepared to discuss any accommodations you might need.

How to Ask for Accommodations

When requesting accommodations, include these key details in writing:

A clear explanation of the specific adjustments you require.
The pregnancy-related condition that makes these changes necessary.
The estimated start and end dates for the accommodations.

Attach any supporting documents from your healthcare provider. Since June 2023, the U.S. Equal Employment Opportunity Commission (EEOC) has been addressing violations of the Pregnant Workers Fairness Act (PWFA)^[1], which protects your right to reasonable accommodations.

Handling Workplace Issues

If you encounter pushback or discrimination, take these steps:

Document everything: Keep detailed records of conversations, emails, and meetings about your pregnancy and accommodation requests.
Reach out to HR: If your supervisor isn't responsive, escalate your concerns to Human Resources.
Seek legal advice: If your request is denied or you're pressured to take leave, organizations like A Better Balance offer a free and confidential legal helpline that can help.

Work-Life Balance During Pregnancy

Stress and Energy Management

Managing stress and energy during pregnancy is crucial, as high stress levels can lead to complications like preterm birth or low birth weight ^[9]. Here are practical strategies to help you stay balanced while working:

Time of Day	Energy Strategy	Stress Relief Activity
Morning	A light 20–30 minute walk	Deep breathing exercises
Mid-day	A 30-minute nap	A mindfulness break
Afternoon	Healthy snacks and hydration	A short stretching session
Evening	A relaxing cool-down routine	Simple relaxation techniques

Throughout your workday, prioritize these areas:

Physical Well-Being
- Keep water nearby and monitor your intake.
- Opt for small, frequent meals to keep blood sugar stable.
- Take short movement breaks every 2–3 hours.
- Limit caffeine and avoid heavy meals close to bedtime.
Mental Well-Being
- Use mindfulness techniques during stressful moments.
- Set firm boundaries around work hours.
- Use your lunch break to rest and recharge.
- Speak with a mental health professional if you feel overwhelmed ^[9].

In addition to daily stress management, planning for maternity leave is an essential part of maintaining balance.

Planning for Leave and Return

Proactive planning for your leave and return can help ensure a smooth transition between work and home life.

Pre-Leave Preparation
- Document current projects and create clear handover instructions.
- Schedule periodic check-ins with your manager before your leave.
- Research childcare options early, as waitlists can range from 3–6 months.
During Leave Communication
- Set clear expectations about your availability during leave.
- Decide on preferred communication methods for emergencies.
- Establish emergency contact protocols.
- Keep copies of all medical records and leave-related documents ^[10].
Return-to-Work Strategy
- Start planning your return about two weeks before your leave ends.
- Consider a gradual return schedule if possible.
- Review any workplace changes that occurred while you were away.
- Meet with HR to discuss accommodations you may need.
- Confirm that your leave arrangements comply with workplace policies and your legal rights.

Regularly check in with your healthcare provider to ensure your well-being during pregnancy and after returning to work. They can offer tailored advice on managing physical demands and work-related stress ^[9].

Help for Pregnant Workers

Once you're familiar with your rights and workplace adjustments, you can tap into additional support through legal services, community organizations, and medical professionals.

Legal and Work Support Services

Federal laws protect pregnant workers from discrimination. If you experience unfair treatment, you can file a complaint with the EEOC. Here are some organizations that can help:

Organization	Services	Contact Information
Center for WorkLife Law	Legal hotline and workplace guidance	Email: [email protected] or Call: 415-703-8276
Job Accommodation Network	Advice on workplace accommodations	Access online resources and consultation
A Better Balance	Legal assistance and rights information	Free legal helpline and online materials

Attorneys representing employees in pregnancy accommodation or family responsibilities discrimination matters may seek guidance from our team by email [email protected] or calling 415-703-8276.

Center for WorkLife Law ^[11]

Legal aid is just one piece of the puzzle – community support can also make a huge difference.

Pregnancy Support Networks

Nonprofit organizations like Embrace Grace connect pregnant women with resources across the country. As of 2024, this group has helped over 4,300 church members build local support systems.

These networks provide emotional encouragement, mentorship, access to local resources, and advice for navigating workplace challenges.

Medical Advice

Pair legal and community support with guidance from healthcare professionals. WebMD collaborates with over 100 doctors and health experts to keep workplace safety guidelines for pregnant women up to date ^[12].

When meeting with your doctor:

Keep a record of your workplace conditions.
Ask for written recommendations about necessary changes at work.
Schedule regular follow-ups to assess how well your adjustments are working.

Conclusion

The legal rights and workplace adjustments mentioned earlier highlight the importance of taking an active role in ensuring a safe and supportive work environment. Laws like the PWFA are designed to help expecting mothers continue their careers while prioritizing their health.

For example, with the right adjustments, 73% of women return to work within six months ^[3]. Protections like the PUMP Act go further, requiring workplaces to provide designated spaces and breaks for nursing mothers after childbirth ^[4].

The PWFA ensures pregnant and postpartum workers are not forced off the job by guaranteeing them the accommodations they need to stay safe and healthy. ^[2]

Federal laws, such as the PUMP Act, work alongside organizations like Maven Clinic and The Mom Project to provide additional resources. These efforts make it easier for mothers to balance their professional and personal lives.

Understanding your rights is essential. Whether it’s requesting ergonomic changes or negotiating flexible hours, taking action ensures a safer and healthier work environment during pregnancy and beyond. Take the time to review your workplace policies and communicate your needs effectively to protect both your career and your well-being.

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Working During Pregnancy: Rights and Accommodations