How to Update Your Policies for PWFA Compliance

10/24/2025

Updating your HR policies for PWFA compliance isn’t just a legal requirement—it’s a practical step to protect your organization and support your employees. The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions. This means your policies, handbooks, and internal procedures must be updated to reflect these new obligations. In this guide, you’ll learn how to update your policies for PWFA compliance, integrate them with ADA and FMLA rules, and train your team to handle accommodation requests with confidence.

Why Updating Your Policies for the PWFA Matters

The Pregnant Workers Fairness Act took effect on June 27, 2023, and it is a federally enforceable law with oversight from the Equal Employment Opportunity Commission (EEOC). Relying on outdated policies that only reference the Americans with Disabilities Act (ADA) or the Pregnancy Discrimination Act (PDA) is no longer sufficient and can create significant legal liability.

An outdated policy can lead to managers mishandling accommodation requests, HR teams applying the wrong legal standard, and employees being denied their rights. These missteps can result in EEOC complaints, costly litigation, and damage to your company’s reputation.

Beyond legal risk, updating your policies is good for business. A clear, compliant, and supportive pregnancy accommodation policy demonstrates a commitment to employee well-being. This builds trust, improves morale, and increases retention rates among valuable team members. In a competitive talent market, being an employer of choice means having policies that reflect modern legal standards and support a diverse workforce.

Step 1 — Review Your Current Equal Employment and Accommodation Policies

The first step is a thorough audit of your existing policies. Look for any documents that address equal employment, non-discrimination, or accommodations. These often mention the ADA, PDA, and FMLA but may be missing any reference to the PWFA.

Your goal is to find these gaps and fill them. Specifically, you need to add language that explicitly covers pregnancy, childbirth, and related medical conditions as a protected category for accommodations. Ensure your policy definitions align with the EEOC’s guidance. Key terms to include are "known limitations" and "reasonable accommodation."

It is also crucial to specify that protections cover both physical and mental health conditions. Many policies focus on physical limitations like lifting restrictions but overlook pregnancy-related mental health conditions such as postpartum depression, anxiety, or trauma. Explicitly including these ensures your policy is comprehensive.

Sample Policy Language:

"[Company Name] is committed to providing reasonable accommodations for qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, in accordance with the Pregnant Workers Fairness Act (PWFA). This includes, but is not limited to, physical and mental health conditions. We will engage in a timely, good-faith interactive process to identify effective accommodations."

Step 2 — Add a Clear Procedure for Pregnancy Accommodation Requests

A policy is only effective if it’s backed by a clear procedure. Your next step is to create or revise your written procedures for handling accommodation requests. This process should be simple, transparent, and easy for both employees and managers to follow.

Crucially, your procedure should state that accommodation requests do not require "magic words." An employee does not need to mention the PWFA or use the term "reasonable accommodation." Any communication—verbal or written—indicating a work-related need due to pregnancy is enough to trigger the process.

A structured procedure should look something like this:

• 1. Recognize and Document the Request: The manager or HR representative who receives the request immediately documents the date, the employee's name, and the nature of the request.
• 2. Engage in the Interactive Process: HR initiates a prompt, good-faith conversation with the employee to understand their limitations and explore potential solutions.
• 3. Evaluate Effective Accommodations: HR, in consultation with the employee and their manager, identifies one or more effective accommodations. The company is not obligated to provide the employee’s preferred option if an alternative is equally effective.
• 4. Communicate Decisions Promptly and Clearly: The final decision is communicated to the employee in writing, outlining the accommodation provided and its expected duration.
• 5. Maintain Documentation and Confidentiality: All records related to the request and accommodation are stored in a confidential medical file, separate from the employee's personnel file.

Step 3 — Ensure Confidentiality and GINA Compliance

The PWFA adopts the same confidentiality standards as the ADA. All medical information obtained during the accommodation process must be treated as a confidential medical record. This means it must be stored in a file separate from the employee’s main personnel file, with access strictly limited to HR and other personnel with a legitimate need to know.

Furthermore, when requesting medical documentation, you must comply with the Genetic Information Nondiscrimination Act (GINA). This law prohibits employers from requesting or requiring genetic information, which includes family medical history. To comply, any request for medical information sent to a healthcare provider should include a disclaimer.

You should only request medical information when it is absolutely necessary to understand the employee’s limitations and need for accommodation. If a visibly pregnant employee asks for more frequent bathroom breaks, demanding a doctor’s note is unnecessary and could be seen as a violation.

Sample GINA Disclaimer Language for Medical Requests:

"To ensure compliance with the Genetic Information Nondiscrimination Act (GINA), we request that you do not provide any genetic information in your response. This includes family medical history or the results of any genetic tests."

Step 4 — Train HR and Managers on Recognizing PWFA Requests

Your managers are your first line of defense—and your biggest potential liability. They are often the first to hear about an employee’s pregnancy-related needs. If they don’t know how to recognize a PWFA request or how to respond, they can inadvertently create legal risk for the company.

Incorporate PWFA topics into your regular manager training on anti-discrimination and ADA compliance. Key training topics should include:

• What a PWFA accommodation request sounds like (even informal, verbal comments).
• How to respond respectfully and empathetically.
• The importance of immediately escalating the request to HR.
• The prohibition against retaliation or discouraging an employee from making a request.
• The rule against forcing an employee to take leave if an accommodation is available.

Manager Script and Do/Don't List:

• Manager "Do": When an employee says, "I'm having trouble standing all day because of my pregnancy," a trained manager should respond, "Thank you for letting me know. Let's connect with HR to discuss some options that might help."
• Manager "Don't": An untrained manager might say, "Everyone has to stand. Maybe you should just take leave." This response is a clear violation.

Step 5 — Reassess Job Descriptions for Essential Functions

Job descriptions are more than just recruiting tools; they are legal documents. Under the PWFA, it is critical that they accurately identify a job’s "essential functions." This is because the PWFA introduced a new concept: an employee can be considered "qualified" even if they are temporarily unable to perform an essential function, as long as they can perform it again “in the near future.”

For example, if lifting 50 pounds is listed as an essential function, but it's a task performed only once a month, it might be a marginal function that can be temporarily reassigned. An inaccurate job description can weaken your position if you need to deny an accommodation request.

Job Description Review Checklist:

• Does the job description clearly separate "essential functions" from "marginal functions"?
• Are the physical demands (e.g., lifting, standing, stooping) accurate and up-to-date?
• Have you removed any outdated or overly rigid requirements that are not truly necessary for the job?
• Does the description focus on the objective of a task, not just the method (e.g., "communicates information" instead of "answers phone")?

Step 6 — Review and Update Forms and Employee Handbooks

Your internal forms and handbooks must be updated to reflect the PWFA. This creates consistency and ensures you are collecting the right information in a compliant manner. A "one-size-fits-all" ADA form may no longer be sufficient.

Review and update the following documents:

• Employee Handbook: Add PWFA-specific language to your Equal Employment Opportunity statement, accommodation policy, and leave policy sections.
• Accommodation Request Forms: Create or modify forms to include options for pregnancy-related accommodations.
• Medical Certification Forms: Ensure forms are narrowly tailored to request only the information needed to verify the limitation and need for accommodation, and include the GINA disclaimer.
• Return-to-Work Forms: Adjust these forms to account for employees returning with ongoing accommodation needs, such as for lactation.
• Onboarding Materials: Include information about the company’s commitment to providing pregnancy accommodations in your new hire orientation.

Step 7 — Integrate PWFA with ADA and FMLA Policies

The PWFA, ADA, and FMLA are three distinct laws that can often overlap. Your policies must clarify how they work together. A common mistake is to default to FMLA leave when a PWFA accommodation could have kept the employee on the job.

Use a decision tree to guide HR and managers:

1. Is there a request for an adjustment at work due to a medical limitation?
• If yes: Proceed to the next question.
2. Is the limitation related to pregnancy, childbirth, or a related condition?
• If yes: The PWFA applies. Begin the interactive process to find a reasonable accommodation that allows the employee to keep working.
• If no: Proceed to the next question.
3. Does the limitation qualify as a disability under the ADA?
• If yes: The ADA applies. Begin the interactive process for an ADA accommodation.
• If no: The PWFA and ADA may not apply. Consider other policies.
4. Does the employee have a "serious health condition" and are they eligible for FMLA?
• If yes, and no accommodation is possible or the employee requests leave: FMLA applies.

Remember, you cannot force an employee onto FMLA leave if a reasonable accommodation under the PWFA would allow them to continue working.

Step 8 — Document and Monitor Compliance

Compliance is an ongoing process. Simply updating your policies is not enough; you must also document your actions and monitor their effectiveness.

• Keep Detailed Records: Document every accommodation request, the interactive process conversation, the decision, and the implementation. This is your primary defense against a potential EEOC complaint.
• Review Accommodations Periodically: Check in with the employee to ensure the accommodation remains effective and is still needed.
• Conduct Annual Audits: Review your policies and procedures annually to ensure they align with any new EEOC guidance or court rulings.
• Track Metrics: Consider tracking data on accommodation requests (e.g., types of requests, time to resolution) to identify trends or areas for improvement in your process.

Common Mistakes to Avoid When Updating PWFA Policies

As you work toward compliance, be aware of these common pitfalls:

• Forgetting PWFA-Specific Language: Simply relying on your existing ADA policy is not enough. You must explicitly mention the PWFA and pregnancy-related accommodations.
• Requiring Medical Documentation for Obvious Requests: Demanding a doctor’s note for a simple, common-sense request can violate the law.
• Using Outdated, ADA-Only Forms: Forms that ask for information relevant only to a long-term disability may not be appropriate for a temporary pregnancy limitation.
• Not Training Managers: An untrained manager is a significant liability. They must know how to spot and escalate a request correctly.
• Storing Medical Information in Personnel Files: This is a clear violation of confidentiality rules under both the PWFA and the ADA.

Checklist — What Every Employer Should Update Now

Use this PWFA compliance checklist to guide your policy update project:

• Add PWFA references to your Equal Employment Opportunity and non-discrimination policies.
• Create or update a clear, written procedure for handling accommodation requests.
• Schedule and conduct training for all managers and HR staff on the new law.
• Review and update all job descriptions to ensure essential functions are accurate.
• Update all related forms (accommodation requests, medical certifications) to be PWFA-compliant and include a GINA disclaimer.
• Cross-check your PWFA, ADA, and FMLA policies to ensure they are integrated correctly.
• Establish a clear documentation and record-keeping protocol for all accommodation requests.

Key Takeaways — Building a PWFA-Compliant Workplace

Building a PWFA-compliant workplace is a proactive, not reactive, endeavor. It requires integrating new legal standards into your daily HR processes, from policy writing to manager training. By focusing on clear procedures, consistent documentation, and continuous training, you can reduce legal risk, improve employee trust, and create a more supportive and inclusive environment for all team members.

Get a Template for Updating Your PWFA Policy

Need a head start? Download our PWFA Policy Template and Compliance Checklist—designed for HR leaders who want to update their policies with confidence and stay ahead of EEOC enforcement. For hands-on support, explore our certification programs to fully equip your team for implementation.

Frequently Asked Questions

What should HR include in a PWFA policy?
A PWFA policy should include a clear statement of commitment to providing reasonable accommodations, definitions of key terms like "known limitation," an outline of the interactive process, a confidentiality clause, and an explicit prohibition of retaliation.

How do you update employee handbooks for the PWFA?
Update your employee handbook by adding PWFA-specific language to the Equal Employment Opportunity, anti-discrimination, and accommodation policy sections. Ensure it explains that accommodations are available for pregnancy, childbirth, and related medical conditions.

Do PWFA and ADA accommodations overlap?
Yes, they can. A severe pregnancy-related complication could qualify as a disability under the ADA while also being covered by the PWFA. In such cases, the employer must comply with the law that provides the greater protection to the employee. However, the PWFA also covers many temporary limitations that do not qualify as ADA disabilities.

How do you train managers for PWFA compliance?
Train managers to recognize accommodation requests (even informal ones), respond empathetically, escalate all requests to HR immediately, and avoid making promises or denials. Training should also cover the prohibitions against retaliation and forcing an employee onto leave.

Which employers are covered by the PWFA?
The PWFA applies to private and public sector employers with 15 or more employees, as well as to Congress, federal agencies, employment agencies, and labor organizations.

What is the PWFA effective date?
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. Employers covered by the law must be in compliance as of that date.