by Lana L. Rupprecht, Esq. - AVP Product Compliance
April 15, 2024
Finally! After what started to feel like an eternal wait, the Equal Employment Opportunity Commission (EEOC) issued the final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA) earlier today.
The PWFA is a federal law that requires most employers to provide reasonable accommodations to employees or applicants who have known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship.
The EEOC's final rule and interpretive guidance is effective 60 days after publication in the Federal Register, which is scheduled for April 19, 2024. So according to our calculations, the effective date is June 18, 2024.
As we previously reported, the EEOC published proposed regulations on August 11, 2023. For our take on the proposed regs, check out our prior blogs:
- PWFA Proposed Regulations, Part 2 (absencementor.blog)
- PWFA Proposed Regulations, Part 1 (absencementor.blog)
During the 60-day period August 11, 2023, through October 10, 2023, members of the public submitted approximately 98,600 comments to the EEOC. According to the EEOC, several of those comments were signed by multiple individuals making the total number of comments over 100,000!
The proposed regulations were 275 pages BUT the final regulations are 408 pages!
We're busily reviewing them now – so stay tuned for more updates from us, including a more detailed blog, and a Pregnancy Protections Whitepaper coming soon!
Meanwhile, here's news from the EEOC on the final rule: EEOC Issues Final Regulation on Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission. Also, here is the link to the final rule and interpretive guidance if you want to check it out yourself. (federalregister.gov)
Reliance Matrix Can Help!
Reliance Matrix offers employers federal and state leave administration and accommodation services, including pregnancy accommodations under the PWFA, and as applicable, corresponding state laws and other laws affecting workers impacted by pregnancy such as the ADA, PWFA and corresponding state laws. For more information, contact your Reliance Matrix account manager or send us a message to [email protected].