Pregnancy-related protections
The Pregnancy Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) requires the Postal Service to provide reasonable accommodations to known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The EEOC provides a summary of the Key Provisions of PWFA.
Examples of possible reasonable accommodations include:
- The ability to sit or drink water
- Receive closer parking
- Have flexible hours
- Receive/modify appropriately sized uniforms and safety apparel
- Receive additional break time to use the bathroom, eat and rest
- Take leave or time off to recover from childbirth
- Ability to sit instead of stand
- Be excused from strenuous activities
- Be excused from activities that involve exposure to compounds not safe for pregnancy.
Requesting a reasonable accommodation:
- Identify the limitation(s) (physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions)
- Describe the change needed due to the limitation
Additionally, under the PWFA, the Postal Service may not:
- Unnecessarily delay making a reasonable accommodation
- Require an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer
- Deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation
- Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working
- Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation)
- Interfere with any individual’s rights under the PWFA.
For more information, see the EEOC What You Should Know About the Pregnant Workers Fairness Act.
The Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnancy discrimination involves treating an individual (an applicant or employee) unfavorably in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits (such as leave and health insurance), and any other terms or conditions of employment.
Read the full text here.
Family and Medical Leave Act (FMLA)
FMLA protected leave can be used for a new child in the family or for serious health conditions which arise. FMLA guarantees eligible letter carriers up to 12 weeks of leave each postal year for:
- A new child in the family—by birth, by adoption or by placement in foster care;
- Caring for a family member with a serious health condition;
- The employee's own serious health condition that prevents him or her from performing the job, or
- Qualifying exigencies arising out of the fact that employee’s family member is on or has been notified of “covered active duty” in the Armed Forces.
The FMLA guarantees time off, whether paid or unpaid. The type of leave taken depends on the reasons for the leave and the usual postal leave regulations. There are eligibility criteria, medical certification guidelines and other detailed rules governing letter carrier rights to FMLA leave.
Learn more about FMLA.
Protections to Pump at Work - The PUMP Act
On December 29, 2022, the Consolidated Appropriations Act of 2023 became law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.
The PUMP Act is a federal law under the Fair Labor Standards Act (FLSA) that mandates workplace lactation accommodations. The FLSA as amended by the PUMP Act requires employers to provide covered nursing workers with reasonable break time and a private space other than a bathroom, to pump breast milk for one year after the baby’s birth. The Department of Labor is the federal agency in charge of overseeing this legislation. Read the full text here.
DOL Fact sheet for FLSA Protections for Employees to Pump Breast Milk at Work
FAQ: Frequently Asked Questions - Pumping Breast Milk at Work | U.S. Department of Labor
The DOL website: Employer Responsibilities | U.S. Dparment of Labor
Under the FLSA as modified by the PUMP Act, an employee’s ability to use break time to express breast milk is protected. During this time, the employee must either:
- Must be completely relieved from duty; or
- Must be paid for the break time.
Employees that utilize their paid breaks to pump breast milk must be compensated for the break time as normal.
Read more about these FLSA protections.
Frequently Asked Questions
What is covered?
Pregnant Workers Fairness Act (PWFA) covers known limitations related to, or arising out of, pregnancy, childbirth or related medical conditions, which are generally temporary in nature. Known limitations include physical or mental conditions that are minor, modest, or episodic.
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) modifies the existing Fair Labor Standards Act (FLSA) by expanding reasonable break times to express breast milk-as needed.
What happens when a covered employee needs reasonable accommodation?
Upon notification of limitations from a pregnancy-affected employee or their designated representative, postal managers and supervisors are obligated to discuss the accommodation with the employee or their designated representative at the earliest opportunity. This includes determining what the employee is seeking in terms of accommodation, as well as whether, or to what extent, the requested accommodation or alternative accommodation is reasonable and available under the circumstances.
PWFA requires an interactive process, what does that mean?
An interactive process is two-way communication between employer and employee or designated representative. It should be initiated upon an employee’s or designated representative’s request for accommodation. It is an informal exchange not a one-sided policy. There should not be any unnecessary delays for accommodation, and it should focus on identifying the needs of the employee.
What kind of accommodations are available for PWFA requests?
Accommodations can include but are not limited to lifting restrictions, minimizing occupational heat/cold stress, reduced standing/walking, more frequent restroom breaks, contagion and/or harmful chemical exposure reduction, leave for healthcare appointments or avoiding exposure to secondhand smoke to name a few.
Does an employee need medical documentation?
Medical documentation should not normally be required for obvious, common needs. The controlling regulations are very restrictive in what can be requested of the employee, and in most cases, where the need for accommodation is obvious, (for example needing more water or restroom breaks) there should be no request for medical documentation. However, for less obvious or uncommon needs only limited documentation that is strictly necessary may be requested.
What happens when my uniform doesn’t fit anymore?
The employee or designated representative should open the lines of communication with their supervisor and explain the accommodation needed to aid the supervisor in assisting the request.
How do I know if a form is necessary to submit request for reasonable accommodation(s) in accordance with PWFA?
There is nothing written in the Act which suggests forms are necessary or required for reasonable accommodation requests. PWFA encourages verbal communication with the employee’s immediate supervisor who has the authority to approve requests.
In some cases, the Postal Service may have a legitimate need for certain information when reviewing an employee’s request for reasonable accommodation.
Scenario – A carrier reports she has a 20-lb lifting restriction due to early-stage pregnancy and her assigned route requires delivering a few packages each day that exceed 20 pounds. What should happen?
Upon notification to the supervisor, local management should provide the employee or designated representative a temporary or “interim” accommodation while determining operational needs. The employee should not be sent home, and their self-reported medical restrictions should not be ignored.
Is my local supervisor going to be able to approve my request for pregnancy-related accommodation?
The local supervisor may approve all PWFA accommodation requests except for telework and communication requests. Policy dictates that a supervisor should discuss the request with the next higher level of management if the requested accommodation is not readily available to determine if Reasonable Accommodation Committee (RAC) referral is needed.
What is the meaning of Interim Reasonable Accommodation?
This new law anticipates that during the decision-making process, an interim accommodation is provided to the greatest extent possible. The employee should be notified of the delay and the interim accommodation(s) should be provided, if any. (29 CFR Part 1636.4(a)(1)(vii)
Is my supervisor being advised when a request needs to be referred to the Reasonable Accommodation Committee (RAC)?
An accommodation request goes to the RAC only when local management needs assistance identifying effective and available reasonable accommodation(s). Management is encouraged to handle many PWFA accommodation requests and to refer the matter to the RAC only when necessary. Postal policy now requires that if local management cannot accommodate pregnancy related restrictions, then management must immediately refer to the RACs BEFORE a pregnant employee is sent home- and that’s when RAC’s come into play.
Can a request for reasonable accommodation be denied under PWFA?
Under the PWFA, a request for reasonable accommodation should not be denied unless it creates an “Undue Hardship” for the Postal Service. Temporary accommodation is often considered reasonable accommodation. (add link to PWFA-attached)
What is the meaning of “Undue Hardship”?
Under the PWFA, undue hardship generally means the accommodation would cause significant difficulty or expense in light of the operation’s circumstances. It requires actual evidence and cannot be based on speculation or minor inconvenience.
What can an employee do if the employer refuses to comply with the PWFA?
Contact your steward, branch leadership or your NBA’s office for further assistance.
Who is covered under the PUMP Act?
Employees covered under the Fair Labor Standards Act (FLSA) are protected.
What time must the Postal Service provide for nursing mothers to express milk while on duty?
The Postal Service must provide an employee with reasonable break times to express breast milk each time an employee has the need to do so for up to one year after birth of the child.
Does the break time used for nursing mothers have to be paid?
If the employee is utilizing their FLSA mandated breaks, the break time must be paid. Over their regularly scheduled breaks if the employee is completely relieved from duty, the break time does not have to be paid.
Does the Postal Service need to provide a lactation room?
The Postal Service must provide a private space that is shielded from view, free from intrusion and that is not a bathroom.
Can the Postal Service deny pump breaks because of workload?
Workload alone is not a valid reason to deny legally required breaks to pump.
What can an employee do if the employer refuses to comply with the PUMP Act?
Contact your steward, branch leadership or your local National Business Agent’s office for further assistance. The Postal Service has created forms indicating that you must complete these to receive Reasonable Accommodation. The use of these forms are not mandated by PWFA requirements. Please reach out to your NBA’s office on how to handle the situation if your case has been referred to the Reasonable Accommodation Committee (RAC).
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