Pregnancy Accommodations & Pregnancy and Parental Leave

Workers are protected against pregnancy-based discrimination and harassment at work under the federal Pregnancy Discrimination Act. They may also have a legal right to work adjustments under the Americans with Disabilities Act and additional rights under other federal laws such as the Family and Medical Leave Act.

In Washington, several state laws allow certain employees to take job-protected leave to care for and bond with a new child, or to respond to pregnancy-related conditions before and after the delivery of a child. Please see the Paid Sick Leave and Paid Family & Medical Leave for information on paid and unpaid leave requirements under these programs.

Washington also has a workplace pregnancy accommodation law that provides protections for employees who have health conditions related to pregnancy or childbirth. This law applies to all employers with 15 or more employees. Under Washington’s pregnancy accommodation law, you may not:

• Refuse to consider an accommodation from a pregnant employee.
• Fail to implement reasonable accommodations.
• Retaliate against a pregnant employee who requests an accommodation or a change in work environment, or who has made a complaint under this law.
• Deny employment opportunities to an otherwise-qualified employee if the denial is based on their need for reasonable accommodation. This could include hiring, opportunities for promotion, compensation, etc.
• Require a pregnant employee to take leave if other solutions can be provided.

Employers must provide the following accommodations for a pregnant employee if they request:

• Frequent, longer, or additional restroom breaks.
• Modified food or drink policies.
• The ability to sit more frequently.
• Not to lift objects over 17 pounds.
• The need to express breast milk.

Note: Employers cannot request a doctor’s note for the above accommodations. Employers can request documentation from a health care provider outlining the need for accommodation when a pregnant employee requests:

• Job restructuring including:
• Schedule changes such as part-time or modified work schedules.
• Job reassignments.
• Providing or modifying equipment or devices.
• Changes to their workstation.
• Scheduling flexibility for prenatal visits.
• A temporary transfer to a less strenuous or less hazardous position.
• Any further accommodation needed by the employee.

After receiving an accommodation request, the employer must review how they can reasonably accommodate the request. If the request creates an “undue hardship,” they may decline the request or suggest a reasonable alternative. If an employee feels that their request is reasonable and it is denied by their employer, the employee can file a complaint with the Attorney General’s Office.

Undue hardship

An undue hardship is an action requiring significant difficulty or expense. Employers must prove that an accommodation would cause an undue hardship.

• Employers cannot claim undue hardship for:
• Frequent, longer, or additional restroom breaks.
• Modifying food or drink policies.
• Providing seating for employees who stand or allowing the employee to sit more frequently.
• Limiting lifting to 17 pounds or less.

Employers are not required to create additional employment that they would not otherwise have created, unless they would do so for another class of employees who need accommodation.

Accommodations after the birth of a child

Workplace accommodations can be requested after childbirth as well. Under Washington State Law, employers are required to provide:

• A reasonable break time for an employee to express breast milk for two years after the child’s birth and each time the employee has need to express milk.
• A private location, other than a bathroom, if a location exists at the place of business or worksite which may be used by the employee to express breast milk.
• If the business location does not have a space for the employee to express milk, the employer will work with the employee to identify a convenient location and work schedule to accommodate their needs.

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