Understanding Strengthened Protections for Lactating Workers Under the PWFA: A Conversation with A Better Balance

Elizabeth Gedmark
Vice President, ​A Better Balance

Elizabeth Gedmark is the Vice President of A Better Balance, a national nonprofit legal advocacy organization dedicated to work-family justice. Elizabeth has worked for years to advocate for the passage and strong implementation of national and state protections for pregnant and lactating employees, including the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act, as well as paid leave programs, especially in the public sector. A Better Balance hosts a free legal helpline to help individuals understand their workplace rights related to caring for themselves and their family members.

Suzan Ajlouni, Public Health Writing Specialist at USBC, interviewed Elizabeth about protections for breastfeeding employees available under the federal Pregnant Workers Fairness Act (PWFA). The following is a script of their conversation.

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​Suzan: The Equal Employment Opportunity Commission released a final rule and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA). Can you begin by briefly explaining what the PWFA is?

Elizabeth: The Pregnant Workers Fairness Act is a federal law that was passed at the end of 2022 and went into effect June 27, 2023, almost exactly one year ago! The law requires employers to provide reasonable accommodations, like a water bottle or stool, a temporary reprieve from heavy lifting, or time off for known limitations related to a worker’s pregnancy, childbirth, or related medical conditions, unless those accommodations would be an undue hardship on the employer. The law covers lactation because it is a medical condition that is related to pregnancy. 
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The PWFA is a vital civil rights protection, especially significant for women of color in low-wage or physically demanding jobs who are too often pushed off the job or forced to sacrifice their health because of their medical needs while pregnant or postpartum. 
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• Learn more about the history of the movement to pass the PWFA.
• Read the statement from A Better Balance on the final PWFA regulations.

Suzan: Who is protected by the PWFA and how do regulations impact what the law means for workers?

Elizabeth: The PWFA covers all employees, including those in the private and public sectors, who work for employers with 15 or more employees. It is a federal law, so it applies across all 50 states and applies to federal employees as well. The Equal Employment Opportunity Commission’s (EEOC) regulations, which went into effect on June 18, 2024, do not change the law, but they do provide vital clarity for workers to better understand the details of their rights under the PWFA. For example, the regulations clarify that a worker does not need to turn in a doctor’s note to their employer to access break time and space for pumping milk.

Suzan: The PUMP Act requires employers to provide break time and a private space to pump breast milk for lactating employees. How does the PWFA, with these new regulations, build on these protections for lactating workers?

Elizabeth: The PUMP Act was another piece of legislation that was passed at the end of 2022, and went into effect (other than for certain rail carrier and motorcoach employees) in 2023. We were proud to work with the USBC and a coalition of advocates to pass this vital law! The PWFA provides reasonable accommodations beyond break time and space for lactating workers. For example, if a worker’s tight bulletproof vest was so restrictive it was affecting their milk supply, under the PWFA they could receive a temporary transfer to another position where wearing a bulletproof vest was no longer required. In another example, a lactating worker may need increased breaks for food and drink in order to produce enough milk, and could receive those breaks under the PWFA, unless it would be an undue hardship for the employer. The PWFA also applies to airline workers, unlike the PUMP Act.

Suzan: The Pregnant Workers Fairness Act was historic civil rights legislation that addressed the spectrum of the reproductive cycle. How does the PWFA build on existing laws like the Family and Medical Leave Act (FMLA) to expand access to leave from work to recover from childbirth?

Elizabeth: Unfortunately, the FMLA leaves out a huge percentage of the workforce because in order to be eligible a worker must work for an employer with over 50 employees (within a 75-mile radius), must have worked 1,250 hours in the year prior, and must have been employed with that employer for 12 months. Learn more about your rights under the FMLA. The PWFA is a critical tool for those who require leave but are ineligible for the FMLA or have already exhausted the 12 weeks of leave that the FMLA provides.

The PWFA provides job-protected leave as a reasonable accommodation, for example, for prenatal and postpartum appointments, illness related to pregnancy or other conditions (like mastitis), and time off to recover from childbirth. Note that the PWFA does not cover bonding time with a new baby.

Suzan: What options would a pregnant or lactating employee have if their employer fails to provide a reasonable accommodation or retaliates against them for requesting an accommodation?

Elizabeth: That employee can contact A Better Balance’s free and confidential legal helpline by visiting abetterbalance.org/get-help. We would be happy to discuss their options with them. Many workers in that situation choose to provide their employer with information about the PWFA and have been able to successfully advocate for the reasonable accommodation they deserve. Others need legal assistance or choose to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). It is important to note, as indicated in the question, that the PWFA protects against retaliation – if a worker is facing getting their hours cut, demotion, termination, or other punishment for requesting or receiving a reasonable accommodation – that is a violation of the law.

Suzan: Can you provide any recommendations on how advocates in the lactation field can get involved to ensure both employers and employees understand the requirements of PWFA?

Elizabeth: Absolutely! Advocates in the lactation field have a very important role to play in spreading the word about the PWFA. A Better Balance has a user-friendly resource with tools, such as sample letters for workers requesting reasonable accommodation(s). Please share it with workers or other service providers you know either verbally, on social media, posting on listservs, or anywhere you can. For advocates in the healthcare field, it is especially important to understand how the PWFA works in practice so that you can assist your patients and clients if they face trouble while pregnant or lactating. A Better Balance also has resources in Spanish and our legal helpline is staffed by a Spanish-speaking attorney. Please tell any workers who have questions about their rights under the law that they can contact our helpline at abetterbalance.org/get-help.

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​The USBC works to educate the lactation field about the federal policies that impact infant feeding and highlight opportunities to expand breastfeeding support. Visit the Existing Legislation webpage for key links and details on federal laws and policies. Visit the Take Action webpage to raise your voice in support of breastfeeding legislation and investments.