A substantial 72.9 percent of the US workforce is comprised of mothers with children under 18. The recent legislative changes may significantly impact expectant and new mothers. Advancements have materialized into tangible laws like the PWFA (Pregnant Workers Fairness Act) and PUMP Act.

Many pregnant women continue working until their due date. Although some might have access to FMLA, PTO, or occasional breaks, these choices often mean giving up their benefits. Consequently, when the baby arrives, their only option left is maternity leave, with few other alternatives available. 

What exactly is the Pregnant Workers Fairness Act (PWFA) and how does it benefit both workers and employers? In essence, the PWFA mandates accommodations to guarantee a healthy and safe working environment for pregnant individuals. A few examples include: 

• More frequent breaks and/or longer break periods 
• A place to sit if the employee has a standing-only job 
• Access to water to stay hydrated 
• Ability to have nourishment 
• A place to get away from stringent smells even for a minute 
• Assistance with heavy lifting 
• Time off for doctor visits and nursing coaches 

As every pregnancy varies, the PWFA doesn’t specify a fixed timeframe of coverage for employees. This gesture fosters trust in the company, strengthening their sense of being valued and cared for. It transforms the workplace into an environment where employees feel genuinely invested in, improving employee retention. 

PUMP Act

The PUMP Act (Providing Urgent Maternal Protection Act) was signed into law under the Consolidated Appropriations Act of 2023 as the PWFA. The PUMP for Nursing Mothers Act requires employers to provide you with a reasonable break and a separate, private space for pumping purposes. This space should not be a bathroom and must be free from any intrusion or visibility from coworkers or the public.  

This law allows the worker the ability to visit a doctor without any disciplinary actions taken against her. The mother is protected for up to one year post-delivery under the PUMP act. Employers are encouraged to ask employees questions to show compassion, resulting in a stronger bond between the company and workers: 

• Are you and the baby ok? 
• Do you need anything? 
• How much time DO YOU think you’ll need? 

Statements that show the same dedication to the well-being of your associates include:

• We have you covered if you need time off. 
• Don’t worry, your job is safe for when you return. 
• Take as much time as you and the baby need. 
• We’ll make sure you have a quiet, private, and clean space to do your motherly duties. 

While managing compliance with laws like the PWFA and the PUMP Act may appear burdensome, especially with deadlines and potential productivity challenges, it’s essential to recognize the long-term benefits. By demonstrating understanding and support to your employees during maternity, you are fostering loyalty. Despite the initial investment, these valued employees are likely to return with the same dedication and commitment as before, enhancing employee retention—an often-challenging aspect of business management. 

Moreover, it’s crucial to acknowledge the powerful impact of positive word-of-mouth marketing. When an employee feels genuinely cared for, they are likely to share their positive experience, contributing to a strong employer reputation. This organic endorsement can significantly influence potential candidates and make your company an attractive place to work. 

Paul Carelis, SHRM-CP, PHR – VP of HR Services, MP

Paul has over a decade of experience in the HR consulting space, working with businesses of all sizes and industries, leading a team of SHRM-certified HR professionals at MP. Together, they assist clients with compliance, training, and HR guidance, and support for the full employee life cycle. 

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