Know who qualifies under PWFA

Q           Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment?

Unlike the Family and Medical Leave Act (FMLA), the PWFA applies to employees, former employees, and applicants seeking employment. Therefore, all employees and applicants are immediately eligible for reasonable accommodations under the Act.

The PWFA applies to private employers and public-sector employers that have 15 or more employees.  It doesn’t replace federal, state, or local laws that require more protections to employees or applicants affected by pregnancy, childbirth, or related medical conditions. According to the Equal Employment Opportunity Commission (EEOC), the PWFA requires an employer to provide a “reasonable accommodation” to a qualified employee’s or qualified applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. You don’t have to provide an accommodation if it would cause an “undue hardship” or significant difficulty or expense to your operations.