This week, multiple changes in Federal and Minnesota legislation become effective, significantly altering an employer’s obligations and an employee’s rights. These legislative changes will affect the accommodations that an employer must provide to employees while pregnant and post-pregnancy.

Federal PWFA

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect which provides more expansive and comprehensive protections and accommodations for pregnant employees. The PWFA requires an employer provide accommodations to all persons with a “known limitation,” which includes limitations stemming from a “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.”

The PWFA requires employers with 15 or more employees to make reasonable accommodations to the known limitations of a qualified employee and prohibits employers from denying employment opportunities, requiring the employee take leave, and taking any adverse actions to qualified employees. If an employer discriminates against a qualified employee under the PWFA, the employee may bring action through the Civil Rights Act.

Notably, to better define “reasonable accommodations,” the Commission will issue regulations and provide examples of reasonable accommodations before June 27, 2024. Although the Commission has not yet issued regulations and illustrative examples, the EEOC Commission has published What you Should Know About the Pregnant Workers Fairness Act. This guidance provides several examples of reasonable accommodations, including allowing the worker to: sit or drink water, park closer, have more flexible hours, receive appropriately sized uniforms and safety apparel, receive additional break time to use the bathroom, eat, and rest, take leave time after childbirth, and be excused from strenuous activity.

The PWFA does not limit or invalidate the powers or remedies of any other laws, including state laws.

Minnesota MPLA

Beginning July 1, 2023, changes to the Minnesota Parental Leave Act (MPLA) will take effect. Similar to the Federal PWFA, the Minnesota MPLA requires employers to provide reasonable accommodations to employees who are nursing, lactating, or pregnant.

Through July 1, 2023, the MPLA requires employers to provide accommodations for nursing or lactating employees during the 12 months preceding the birth of the child and an employer was not required to provide breaks if it would unduly disrupt the operations of the employer. However, beginning July 1, 2023, the accommodations for employees who are nursing or lactating are expanded from 12 months following childbirth, nursing breaks are not required to run concurrently with other breaks, and an employer is required to provide breaks regardless if the employee’s break will unduly disrupt the operations of the employer.

The amended MPLA also includes additional reasonable accommodations consisting of temporary leaves of absence, modifications in work schedules and job assignments, and longer break periods.

The current version of the MPLA only applies to employers with 21 or more employees. Beginning July 1, 2023, however, all employers with 1 or more employees are required to abide by the MPLA. Further, beginning July 1, 2023 the MPLA will no longer requires employees work for an employer for 12 months before entitlement to the rights. Rather, an employee will be entitled to reasonable accommodations beginning their first day of employment. The MPLA still does not cover independent contractors.

Employers will also be required to provide notice to employees of these rights under the MPLA. Employers should update their policies, procedures, and handbooks, and understand that an employer cannot discriminate or take adverse action against an employee for requesting or obtaining leave.

Wisconsin FMLA

In Wisconsin, pregnancy accommodations and maternity leave are provided under the Family and Medical Leave Act (WFMLA). The WFMLA has not been subjected to any recent substantial amendments or updates.

In Wisconsin, it is unlawful for an employer to discriminate on the basis of sex, which includes discriminating against any woman because of pregnancy, childbirth, maternity leave, or related medical conditions. All employers with one or more employees are subject to the WFMLA.

An employer unlawfully discriminates if they refuse to reasonably accommodate an employee’s or perspective employee’s disability unless that accommodation poses an undue hardship on the employer’s business. For the purposes of this section, an employee’s “disability” includes pregnancy, childbirth, and related medical conditions.

The WFMLA allows an employee to take two weeks of per year for pregnancy or childbirth, with more time available for bonding post childbirth. WFMLA also provides an additional 6 weeks of parental leave per year, provided the 6 weeks of leave initiates within 16 weeks of the birth of the child, or in the case of adoption, 16 weeks within the time the child is placed with the employee.

The WFMLA only applies to employees who have worker for their employer for more than 1,000 hours and more than 52 consecutive weeks.

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