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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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.
On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) published its final rule and interpretive guidance on the PWFA. The rule entitles workers to a range of pregnancy related accommodations—including time off for childbirth, abortion, miscarriage, and fertility treatments.
The EEOC rule—which takes effect June 18—also includes pregnancy accommodations like temporary exemptions from lifting duties and considerations for managing morning sickness.
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.
More news:
New Federal Rule Will Improve Reproductive Health Care Privacy
The Department of Health and Human Services (HHS) finalized a rule clarifying federal privacy protections afforded to reproductive health information under the Health Insurance Portability and Accountability Act (HIPAA).
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.
Read the final rule and guidance on the PWFA here.
Update: The rule became effective on June 18, 2024. However, on June 17, a federal judge blocked the rule’s protections for abortion care in Mississippi and Louisiana, as well as for any employees of the U.S. Conference of Catholic Bishops and Catholic University of America. (On June 14, an Arkansas court dismissed a similar lawsuit from 17 Attorneys General, citing plaintiffs’ lack of standing.)
Read more.
U.S. Federal Administrative Advocacy: Learn more about the Center’s work with federal agencies to advance reproductive rights and health.
