New Guidance Expands the Pregnant Workers Fairness Act to Cover Abortion Accommodations
A new federal regulation from the Equal Employment Opportunity Commission entitles employees to unpaid time off for pregnancy-related medical conditions, including abortion.
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Update: On April 25, 17 state Attorneys General, led by Arkansas and Tennessee, filed suit against this rule. Unless and until a judge makes a ruling on the issue, the PWFA rule is still final and set to go into effect on June 18. We will provide more updates as they are available.
Under the Pregnant Workers Fairness Act (PWFA), which passed in December 2022, employers must provide reasonable accommodations to qualified employees for the entire period of their pregnancy.
The final rule and interpretive guidance on the PWFA from the Equal Employment Opportunity Commission (EEOC), published on April 19, 2024, entitles workers to a range of pregnancy-related accommodations—including time off for childbirth, abortion, miscarriage, and fertility treatments. The EEOC rule also includes pregnancy accommodations like temporary exemptions from lifting duties and considerations for managing morning sickness.
The new rule will take effect on June 18, 2024.
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This means that workers can ask for time off to obtain an abortion and recover from the procedure. The EEOC’s new guidance will allow for more people to access necessary accommodations while also helping to destigmatize abortion.
The Center for Reproductive Rights applauds the EEOC for including abortion accommodations as part of the PWFA rule, a decision which will help support pregnant workers nationwide.