Can employee be required to use PTO to cover reduction in hours as part of accommodation?

Q         We granted an employee who normally works 40 hours per week a Pregnant Workers Fairness Act (PWFA) accommodation to work only 36 hours per week. May we require the employee to use paid time off (PTO) for the remaining four hours in accordance with our typical policy?

Generally, no—an employer should not require an employee to use paid time off (PTO) to cover hours reduced as part of a reasonable accommodation under the Pregnant Workers Fairness Act (PWFA). The PWFA requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship.

When an employer allows a reduced schedule—for example, permitting a full-time employee to work 36 rather than 40 hours per week—the reduced schedule itself is the accommodation. Requiring the employee to use PTO for the four-hour difference risks undermining that accommodation.

The Equal Employment Opportunity Commission’s (EEOC) guidance makes clear that employers should not require an employee to take leave, whether paid or unpaid, if another reasonable accommodation would allow the employee to keep working. A reduced schedule is frequently intended to do just that. Requiring PTO in these circumstances can functionally resemble compelled leave and, therefore, may conflict with the PWFA’s requirements. See EEOC, What You Should Know About the Pregnant Workers Fairness Act(updated 2024).