Six Geese A-Laying… and the Six Rules Every Employer Should Know About Pregnancy Rights

“On the sixth day of HR’s favorite season, my lawyers said to me… six geese a-laying (and a flock of pregnancy-related protections to follow).”

The song may give us six geese a-laying, but in the workplace, nothing lays more legal traps than mishandling pregnancy-related rights. Between the Pregnant Workers Fairness Act (PWFA), the Pregnancy Discrimination Act (PDA), the Family and Medical Leave Act (FMLA), and various state-level protections, employers must be prepared to support pregnant and postpartum employees with clear, consistent, and legally compliant practices.

Why Pregnancy-Related Protections Matter

Pregnancy discrimination remains one of the most common sources of EEOC charges. Issues often arise when employers:

• Deny or delay reasonable accommodations
• Make assumptions about an employee’s ability to work
• Apply policies inconsistently
• Penalize pregnancy-related absences
• Mishandle postpartum, pumping, or recovery needs

Proactive compliance supports employee health, reduces risk, and fosters an inclusive workplace culture.

Six Rules for Pregnancy Accommodation & Non-Discrimination

1. Know the PWFA (and apply it generously)

The Pregnant Workers Fairness Act, effective 2023, requires employers with 15+ employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions—unless doing so creates an undue hardship.

Examples include light duty, schedule changes, more frequent breaks, remote work, or limits on lifting.

2. Avoid assumptions about the ability to work

Never remove, reassign, or reduce an employee’s hours “for their own good.”
Employment decisions must be based on the employee’s stated needs and medical guidance—not stereotypes.

3. Engage in the interactive process promptly

Just like disability accommodations, pregnancy-related requests require a timely, individualized conversation about potential modifications.
Delays, blanket denials, or inflexible policies can lead to discrimination claims.

4. Understand leave entitlements (federal + state)

Pregnancy can trigger overlapping leave rights, including:

• • • FMLA (if eligible)
    • PWFA (reasonable time off)
    • ADA (pregnancy-related complications)
    • State leave laws, which may offer paid or additional leave

Employers should clarify which laws apply and ensure employees aren’t improperly forced onto leave.

5. Provide break time and private space for pumping

Under the PUMP Act, employers must provide:

• • • Reasonable break time
    • A private, non-bathroom space
    • For one year following childbirth

State laws may go further—so check local requirements.

6. Apply policies consistently

Attendance rules, performance policies, and disciplinary practices must be applied to pregnant employees the same way they are to others with temporary conditions.
Consistency is key to avoiding claims of disparate treatment.

The Takeaway

Pregnancy-related rights shouldn’t be a guessing game. Understanding the evolving patchwork of federal and state protections helps create a safer, more supportive environment while minimizing legal risk.

If you’re revising your pregnancy or accommodation policies, or if you’d like a compliance check-up to ensure your practices align with the PWFA, PDA, and state law, reach out to Hannah or other members of Verrill’s Labor and Employment practice group. A quick review now can help prevent costly missteps later.

Continue reading our series with Day 7 here.