Yes. The PWFA provides protections for limitations due to childbirth and postpartum recovery. The PWFA provides that an employer must consider reasonable accommodations for limitations due to pregnancy, childbirth, and related medical conditions. Qualifying pregnancy-related limitations are not limited to pre-birth limitations. Therefore, post-partum recovery would be included as a childbirth-related medical condition. A few other common conditions that immediately come to mind in this space include time off for treatment or flare ups of post-partum depression and work restrictions related to a Caesarean section or complicated delivery. Keep in mind, the EEOC is currently interpreting the term related medical conditions very broadly to also include things such as lactation (including breastfeeding and pumping), use of birth control, menstruation, infertility and fertility treatments, endometriosis, miscarriage, stillbirth, or having or choosing not to have an abortion, among other conditions. The EEOC’s proposed PWFA rule is in a public comment period. The final rule is expected to be issued towards the end of the year.
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Does the Pregnant Workers Fairness Act (PWFA) provide protections for childbirth and postpartum recovery as well?
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