June 2024 – Pregnant Workers Fairness Act (PWFA) Accommodation Requests
June 2024 – Pregnant Workers Fairness Act (PWFA) Accommodation Requests
The final regulations for the Pregnant Workers Fairness Act (PWFA) go into effect June 18, 2024.
UAMS is committed to the principles outlined in the Pregnancy Workers Fairness Act (PWFA) and will act in accordance with the laws, regulations, and guidance. See UAMS Administrative Guide 3.1.12 Compliance with the Americans with Disabilities Act (ADA).
Generally, the Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations (physical or mental conditions) related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
My pregnant worker has asked for an accommodation, what should I do?
- Immediately: The employee will no longer call FMLA Source to initiate the process.
- Employee Relations has developed a streamlined process for employees/managers to initiate PWFA reasonable accommodation requests through the Employee Self Service (ESS) portal in Service Now: PWFA Accommodation Support.
- Please answer the four preliminary questions so that the Employee Relations Partner may better assist in meeting the needs of the employee upon case assignment.
- You may also contact Employee Relations via email at employeerelations@uams.edu.
How are PWFA accommodations different from the Americans with Disabilities Act (ADA) accommodations?
Employee Relations will follow a process very similar to our Americans with Disabilities Act (ADA) interactive process. We will work with the employee and the department leader to ensure compliance with the PWFA. The law request employers to take the “common sense approach” when reviewing requests. Sample accommodations that should be granted in all situations include:
- Allowing an employee to carry or keep water and drink in or nearby the employee’s work area.
- Allowing an employee to take additional restroom breaks.
- Allowing an employee whose work requires standing to sit, and vice versa.
- Allowing an employee to take breaks to eat and drink.
You can find additional information about PWFA, such as a Fact Sheet and Frequently Asked Questions, by visiting the PWFA Information Page on the Division of People and Culture, Employee Relations, website.
NOTE: Employees who are eligible for leave under the Family Medical Leave Act (FMLA) should also contact FMLA Source to open a claim.