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The PWFA provides fairness to pregnant workers by adding more protections for pregnant individuals which may not have been covered by other rules under Title VII and the ADA. The PWFA was established to help preserve pregnant workers' economic security and allow workplace reasonable accommodation for pregnant workers to protect their health and the health of their pregnancy. It enables applicants and employees to keep working while the employer provides reasonable accommodations. Because pregnancy is a temporary condition, time is of the essence, and immediate action is needed. The pregnancy limitation being experienced may be modest, minor, or episodic. The limitation can be related to maintaining a healthy pregnancy or maintaining the health of your pregnancy, childbirth, or a related medical condition associated with a current pregnancy, past pregnancy, or potential or intended pregnancy.

When in need of an adjustment or change at work due to pregnancy limitation or a physical or mental condition related to or affected by or arising out of pregnancy, childbirth, or its related medical conditions in these situations, a PWFA reasonable accommodation may be requested at work due to the pregnancy limitation(s) to the supervisor/manager or the ADA Director. The employee or the employee's representative may request reasonable accommodation for the known limitation (a physical or mental condition related to, affected by, or arising out of the pregnancy, childbirth, or related medical conditions known by the employer.)  The PWFA requires "the employee to identify the limitation (the physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions) and that the employee needs an adjustment or change at work due to the limitation."

The PWFA uses the interactive process. Pregnancy usually creates episodic temporary limitation conditions within a limited timeframe. Therefore, the interactive process can be an informal conversation to exchange information about the limitations of the pregnancy and the desired reasonable accommodation. Typically,  it means a discussion or two-way communication between a manager/supervisor or ADA Director and the employee. In keeping with the rules provided under the ADA, the interactive process is required. When choosing among effective accommodations, the employer must choose an accommodation that provides the qualified employee (or applicant) equal employment opportunity to attain the same level of performance or to enjoy the same level of benefits and privileges as are available to the average employee without a known limitation who is similarly situated. The similarly situated average employee without a known limitation may include the employee requesting accommodation at a time prior to communicating the limitation.

Managers can quickly provide predictable pregnancy accommodations. (Medical documentation may not be collected for predictable pregnancy accommodations.) Examples of predictable pregnancy accommodations are:

• to carry or keep water near and drink
• additional restroom breaks
• to sit in jobs that typically require standing
• stand in jobs that usually require sitting
• breaks to eat and drink
• routine doctor appointments
• lactation/pumping at work or nursing during work hours if a child is close by (with self-confirmation). 

Don't hesitate to get in touch with the ADA office for more complicated reasonable accommodation requests such as:

• Changing equipment, devices, workstations, uniforms, safety equipment
• Changing a work schedule: shorter hours, later start time
• Long periods off (paid or unpaid) for appointments with health care providers; to recover from childbirth; related medical condition
• Light duty or help with lifting or other manual labor
• Temporary reassignment or reassignment of essential function, if can be done again "in the near future" and not an undue hardship

For complicated accommodations, the ADA Director will determine if it is reasonable under the circumstances to seek supporting medical documentation. The supporting medical documentation does not need to be from a doctor; it is appropriate to provide documentation from other healthcare providers. 

The PWFA determines if an employee is qualified similarly to the ADA, an employee or applicant who, with or without a reasonable accommodation, can perform the functions of the job. The determination to be a qualified employee is made each time reasonable accommodation is requested. The PWFA "does not require an employee  to accept an accommodation. However, if an employee rejects a reasonable accommodation, they need to be "qualified" under the PWFA (either because they need it to perform an essential function, to apply for the job, or to obtain a temporary suspension of an essential function), then that employee or applicant will not be considered qualified." 

For the rules under the PWFA, pregnancy is a temporary condition and not an indefinite condition, and it generally is about 40 weeks in duration; the PWFA identified the condition of being pregnant as ending in the near future. The terms that determine being a qualified PWFA employee are:

• An inability to perform an essential function is for a temporary period;
• The essential function could be performed in the near future, and the inability to perform the essential function can be reasonably accommodated without undue hardship.

In some cases, as a reasonable accommodation (absent undue hardship), a qualified pregnant employee may be accommodated for temporary suspension of essential functions:

• The employee continues to perform the remaining functions of the job;
• The employee continues to perform the remaining functions of the job, and other duties are substituted and assigned to the employee;
• The employee performs the functions of a different position or
• The employee is assigned to light or modified duty.

The following additional factors may be considered when determining if the temporary suspension of an essential function(s) causes an undue hardship:

• consideration of the length of time that the employee will be unable to perform the essential function(s);
• whether there is work for the employee to accomplish; the nature of the essential function, including its frequency;
• whether the employer has provided other employees in similar positions who are unable to perform the essential function(s) of their positions with temporary suspensions of those functions and other duties;
• if necessary, whether there are other employees, temporary employees, or third parties who can perform or be temporarily hired to perform the essential function(s) in question;
• and whether the essential function(s) can be postponed or remain unperformed for any length of time and, if so, for how long.

It is important to note that conditions other than pregnancy may have a different duration. These reasonable accommodations will be determined on a case-by-case basis and may involve using the rules provided by the PWFA or the regulations provided by the ADA. The ADA Compliance Director will make these determinations.

Please contact the ADA office by phone at (904) 620-2870 or by email at adacompliance@unf.edu for more information about the PWFA and non-predicable reasonable accommodations.

For information about the Family Medical Leave Act, please contact the Human Resources office by phone at (904) 620-2903 or by email at hr@unf.edu.

The Equal Opportunity and Inclusion (EOI) office handles pregnancy and pregnancy-related accommodations for students; please contact EOI by phone at (904) 620-2507 or by email at eoi@unf.edu.

For Information about lactation rooms, please refer to . For employees and lactation needs, contact the ADA office. Students with lactation needs should contact EOI. 

 Paternity/Bonding/Birth/Adoption 

The Pregnant Workers Fairness Act (PWFA) does not require paid or unpaid paternity leave. However, the FMLA provides eligible employees with unpaid, job-protected leave for the birth or adoption of a child. The FMLA also allows employees to take leave to bond with the child within the first year after birth or adoption. Please contact HR to determine if you qualify for FMLA benefits by phone at (904) 620-2903 or by email at hr@unf.edu.