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Before adding a PWFA policy to your handbook, consider this

July 2024 employment law letter
Authors: 

Whitney R. Brown, Lehr Middlebrooks Vreeland & Thompson, P.C.

Does your organization need a Pregnant Workers Fairness Act (PWFA) policy?

In a word, no.

What, too short? Okay, okay; here’s why your organization doesn’t need a PWFA-specific policy.

It’s not required

Employers have to mention some laws by name in their handbooks. The Family and Medical Leave Act (FMLA) is one. Nothing in the PWFA requires it to appear, by name, in your employee handbook.

Why does this matter? It’s not to play hide the ball (or law) from employees. It’s to take the opportunity to reflect positive corporate values.

Imagine this: You just found out you’re pregnant. When you consult your employee handbook to view any available benefits, do you want to read that your employer complies with the law (i.e., does the bare minimum) or that your employer believes in supporting pregnant women in the workplace because it’s the right and business-sensible thing to do?

It’s not helpful

An employee handbook isn’t a legal textbook. Employees don’t consult it to read up on their legal entitlements, but to get actionable answers to real life employment issues.

Imagine you’re a pregnant warehouse employee, and you just received a pregnancy-related lifting restriction from your physician. Do you want to read all about 42 U.S.C. §2000gg et seq., or do you want to know that it’s okay to ask for help and how you should go about doing that?

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