The NEW Pregnant Workers Fairness Act is now IN EFFECT: A major victory for moms!
Bonsie teamed up with Daphne Delvaux, Esq. an award-winning trial attorney and Founder of Delvaux Law, a firm devoted to women's rights at work, to provide you with important information about your rights.
Here is what we learned from Daphne:
The PWFA went into effect on June 27, 2023 and employers now have to comply with the law. It requires employers to provide reasonable accommodations for employees who have limitations caused by pregnancy, childbirth, or postpartum.
Examples of accommodations you can request:
Telework during your first trimester to help symptoms of morning sickness.
Schedule flexibility so you can seek fertility treatments without losing pay.
Time off after pregnancy loss.
Lifting restrictions in a physically demanding job.
Extend your maternity leave for postpartum anxiety or depression.
Additional time to finish projects to account for medical care or lactation breaks.
A different office space so you don't have to walk up the stairs.
Remote/flex work during the final weeks of pregnancy to address discomfort.
Go home during your lunch break to feed your baby (if you are nursing).
Be excused from company travel requirements due to lactation needs.
The accommodation process is flexible, case-by-case, and intentionally open-ended to allow you to come to a solution with your employer, tailored to your specific job.
This list is endless and the law allows for creativity. Remember that the goal is to keep you employed and on payroll with healthcare.
Your request may be denied if it is an undue burden, but it is a high bar for the employer and they have to REALLY try to accommodate you in an interactive process.
An undue burden is something that is extremely difficult or expensive for the employer to set up.
If your employer is not following the law, you can enforce your rights and seek remedies.
Click here for your FREE attorney-drafted email template so you can ask your boss for accommodations.
More about Daphne
Daphne Delvaux, Esq. is an award-winning trial attorney and Founder of Delvaux Law, a firm devoted to women's rights at work. She represents employees in discrimination, retaliation and harassment cases, and specializes in gender discrimination cases. In her work as a trial attorney, Daphne has recovered countless 6- and 7-figure settlements and verdicts on behalf of clients; obtaining the monetary justice her clients deserved while restoring their sense of dignity and self-worth. She has been recognized by major news outlets (both nationally and internationally) as a leader of the women’s rights movement, and has received the award of Outstanding Trial Lawyer for winning an equal pay trial.
In addition to her work as a trial attorney, Delvaux is a mother to two boys. Her passion for women’s and mother’s rights has led her to champion women in a myriad of ways outside of her law practice. She is the Co-Founder of Chamber of Mothers; a collective movement to focus America's priorities on mothers’ rights. Their primary goal is to secure federal paid leave, affordable childcare and healthcare. In recognition of their work, the Chamber was invited to the White House and Congress.
Delvaux is also the creator of the Mamattorney, a platform on a mission to educate women on their rights at work and teach them how to advocate for their needs so they can receive more money and freedom without sacrificing their career goals. Currently at 106k followers, Daphne is routinely seen as the expert on pregnancy and postpartum discrimination as well as maternity leave regulations.