Where the PWFA Goes Further Than the ADA and the FMLA

The PWFA overlaps with the ADA and the FMLA but reaches further than either, and employers who assume the older statutes define their obligations will get it wrong.

Attorneys interviewed by SHRM point to three practical gaps. First, eligibility. A worker who does not meet the ADA's disability threshold may still be entitled to accommodation under the PWFA, and a worker ineligible for FMLA leave may still be entitled to leave as a PWFA accommodation. Leave obligations can apply even to employers the FMLA does not cover, though the regulations treat leave as a fallback: if another accommodation would let a pregnant or nursing employee keep working, leave should not be forced on her.

Second, essential functions. The ADA never requires an employer to strip an essential function from a job. The PWFA can. An employee remains qualified even while temporarily unable to perform an essential function, provided she could resume it in the near future and the gap can be reasonably accommodated. A lifting requirement that the ADA would leave untouched may need to be suspended for a period under the PWFA.

Third, the conditions that count. The ADA covers a pregnancy-related condition only when it independently qualifies as a disability, which historically left out nausea, sciatica and frequent urination. The PWFA reaches these lesser, intermittent conditions, absent undue hardship. Typical accommodations include extra or longer breaks, a chair, uniform or dress code changes, remote work, light duty, leave for appointments or recovery, and for nursing employees, keeping water or food at a workstation.

Expert comment from Daniel R. Levine, Esquire:

The Pregnant Workers Fairness Act (PWFA) significantly expands an employer’s accommodation obligations beyond those traditionally imposed by the ADA and FMLA. Unlike the ADA, the PWFA does not require a pregnancy-related condition to rise to the level of a “disability,” and employers may even be required to temporarily suspend an essential job function. Likewise, leave may be required as a reasonable accommodation under the PWFA even where an employee—or the employer—is not covered by the FMLA. The law also overlaps with the PUMP Act by providing additional protections for nursing employees.

The practical takeaway for employers is simple: do not analyze a pregnancy-related accommodation request solely through the familiar ADA or FMLA framework. The PWFA is deliberately broader and can require accommodations that employers previously would have had little obligation to consider. HR should be involved early in the process, and supervisors should be trained not to summarily reject requests involving lifting restrictions, additional breaks, temporary light duty, remote work, leave, or other pregnancy- and postpartum-related limitations. The old answer—“that’s an essential function of the job”—may no longer end the analysis.

Nursing coverage sits across two laws. The PUMP Act, which amended the FLSA in December 2022, requires reasonable break time and private space to express milk for up to a year after birth, for exempt and non-exempt employees alike. The PWFA independently requires nursing accommodations. Thresholds differ: the PWFA applies at 15 or more employees, the PUMP Act to most FLSA-covered employers, with a narrow undue hardship exemption below 50.

The practical warning is procedural. HR should be involved in and documenting the accommodation process, so that supervisors are not denying requests without knowing what the law requires.

For a detailed look at how the PWFA differs from—and goes beyond—the ADA and FMLA, see “PWFA Requirements Extend Beyond ADA, FMLA Mandates,” SHRM.org: https://www.shrm.org/in/topics-tools/employment-law-compliance/pwfa-requirements-extend-beyond-ada-fmla-mandates