Federal law requires employers to provide pregnancy-related leave

We occasionally hear from clients asking if their employees have to be employed for 12 months and work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA) or if they qualify as soon as they begin employment. The question appears to conflate aspects of the PWFA with a similar but distinct federal labor law—the Family and Medical Leave Act (FMLA). Answering it requires a brief summary of both Acts.

Leave under the FMLA

The FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a qualifying reason. Qualifying reasons include the birth of a child and to care for the newborn child within one year of birth. Covered employers include all public-sector employers and any private-sector employer that employs 50 or more employees in 20 or more workweeks in either the current or previous calendar year.

Generally, employees are eligible for FMLA leave if they meet all of the following criteria: