HR Workflows & Reviews
Pregnancy, Maternity, and Lactation Accommodations
Wording guidance under the Pregnant Workers Fairness Act (PWFA) and PUMP Act for employee communications.
Pregnancy & Lactation in the Workplace
Under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), employers must accommodate pregnancy-related needs and provide dedicated break time and private spaces for expressing breast milk. Communications about these adjustments must remain supportive and comply with strict statutory protections.
Key Legal Requirements for PWFA & PUMP Act
- Reasonable Accommodations: PWFA requires accommodating pregnancy, childbirth, or related medical conditions (e.g., morning sickness, fatigue, medical appointments) without requiring the condition to meet the definition of a disability under the ADA.
- Dedicated Private Space: The PUMP Act mandates providing a private, secure space (other than a restroom) that is shielded from view and free from intrusion by coworkers or the public.
- Protected Break Times: Employers must provide reasonable, frequent break times each day as needed by the employee to express milk.
Wording Comparison: PWFA & PUMP Accommodations
| Risky Drafting (Retaliation Risk) | Safer Rewrite (Compliant Wording) |
|---|---|
| "We can't allow you to take extra breaks to pump milk during our busy shipping shifts, and we don't have a spare office, so you'll have to use the restroom." | "We will arrange for standard, scheduled breaks to accommodate your needs. A private, secure room in [Location] has been designated for your use, and we will adjust shift coverage accordingly." |
| "If you're going to be late because of morning sickness, we'll need to reconsider your attendance standing on this project." | "Let's collaborate on a temporary schedule adjustment to support your health requirements, ensuring all morning check-ins remain aligned with team expectations." |
Best Practices for Managers
Never ask an employee how long they intend to express milk or suggest that their breaks are disruptive. Ensure the designated space is clean, has an electrical outlet, and contains a flat surface (other than the floor) to place equipment.