National Laws Protecting Lactating Employees

The Pregnant Workers Fairness Act (PWFA), which went into effect nationwide on June 27, 2023, requires employers with 15 or more employees to make reasonable accommodations for employees who need them because of limitations related to pregnancy, childbirth, or related conditions, including lactation, infertility, miscarriage, pregnancy loss, abortion, and postpartum depression. Reasonable accommodations are changes to how, when, or where an employee does their job in order to protect their health and/or to avoid pregnancy risk and pain. Employers must provide an accommodation, including time off work, unless it would impose an undue hardship (a significant difficulty or expense).  The law also makes it illegal to retaliate against or punish an employee or job applicant for requesting an accommodation. To learn more about the PWFA and the accommodations that are available, visit pregnantatwork.org/PWFA.  

The Pregnancy Discrimination Act (PDA), which applies to employers that have 15 or more employees, amended Title VII of the Civil Rights Act of 1964 to explicitly prohibit employment discrimination on the basis of “pregnancy, childbirth, and related medical conditions.” 42 U.S.C. §2000e(k). Discrimination banned by this law can include firing, refusing to hire or promote, demoting, harassing, or retaliating against an employee on the basis of Pregnancy. The Pregnancy Discrimination Act also requires that employers treat employees affected by pregnancy, childbirth, and related medical conditions the same as other employees who are similar in their ability or inability to work. 42 U.S.C. §2000e(k). The Equal Employment Opportunity Commission (EEOC) and courts have interpreted this provision to require employers to give employees with pregnancy-related needs the same ability to address those needs as is given to non-pregnant employees under other circumstances. For example, an employer that gives light duty assignments to employees with injuries may also be required to give the same to workers who need light duty for reasons related to pregnancy. 

The Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees, provides eligible employees with up to 12 weeks of job-protected time off to care for their own serious health condition, care for a family member with a serious health condition, or bond with a new child (including adoptive and fostered children). Employees who have been with the employer for at least 1 year, worked 1,250 hours in the year prior to their leave, and have 50 or more employees at their location or within 75 miles are eligible for this leave. If an employee qualifies, the employer must give them the leave no matter what and cannot discriminate or retaliate against the employee for asking for or taking leave. Employers do not have to pay employees on FMLA leave, but employees may be able to use any of their paid time off or access state paid family and medical leave programs. Employees not covered by the FMLA may be protected under similar state laws. Some state laws cover employees working for smaller employers, allow leave to care for family members not covered under the FMLA, or some even provide for a greater length of leave.  

The federal laws listed above set a minimum standard of protection that applies in all states. Certain states provide additional protections, as outlined in the map above.