This law can allow you to work from home while pregnant or postpartum

Published
Score
7

Why it matters

The Pregnant Workers Fairness Act (PWFA) requires employers with 15+ employees to provide reasonable accommodations—like remote work—for known limitations related to pregnancy, childbirth, or postpartum conditions (e.g., morning sickness, pumping, mental health issues), unless causing undue hardship.[1][2][5][9] Enacted in December 2022 and effective June 27, 2023, it enables pregnant/postpartum workers to potentially opt out of return-to-office (RTO) mandates, as highlighted in a Fast Company article dated April 9, 2026.[input] EEOC final regulations, effective June 18, 2024, expanded examples including telework and temporary suspension of essential functions.[2][7][9]

Key players include Congress (bipartisan passage), President Biden (signed into law), the EEOC (issued regulations and guidance), and expert Daphne Delvaux (employment attorney, Mamattorney founder, author of Moms in Labor), who advises written requests to HR/managers with medical documentation, triggering an "interactive process."[input][1][5] Covered entities: private/public employers (15+ employees), federal agencies, unions; protections apply to employees/applicants without ADA disability requirement.[3][5]

Context and timeline: PWFA filled gaps in laws like PDA (1978), ADA, and FMLA by mandating accommodations for even minor/episodic limitations.[1][4][9] Post-COVID remote infrastructure proved feasibility, but late 2024/early 2025 RTO mandates dropped mothers' labor participation from 80% (2023) to 77% (Aug 2025).[input] Regulations followed in April 2024 amid rising enforcement.[2][12]

Newsworthy now (April 2026) due to RTO policies reversing motherhood workforce gains, positioning PWFA as a tool for flexibility amid ongoing mandates; article educates on requests/retaliation protections as a "newer law" employers may overlook.[input][8] No major 2026 changes noted, but 2025 discussions anticipated regulatory scrutiny.[10]

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