Legal Rights and Workplace Accommodations for Pregnant Employees in the USA

Pregnancy can present physical and medical challenges that affect an employee's ability to work, but the law offers protections to ensure that workers don’t have to choose between their health and their livelihood.

In the United States, a combination of federal and state laws requires many employers to provide reasonable accommodations to employees for pregnancy, childbirth, and related medical conditions.

This guide explains the key federal laws that protect pregnant workers nationwide, followed by a detailed state-by-state breakdown of additional rights that may apply depending on where you live or work.

Federal Laws for Pregnancy Accommodation

Several federal laws provide essential rights related to pregnancy, childbirth, and related medical conditions in the workplace. These laws apply nationwide and establish a baseline of protections that all qualifying employers must follow.

While the scope and focus of each law vary, together they address discrimination, accommodations, and employer responsibilities.

Importance of Workplace Accommodations for Pregnant Workers: Workplace accommodations aren't special treatment. They're an essential support that helps pregnant employees stay healthy and productive on the job. Whether it's more frequent breaks, modified tasks, or short-term flexibility, these adjustments can help reduce health risks, support recovery, and promote equity in the workplace.

Pregnancy Discrimination Act of 1978 (PDA)

The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees and requires that pregnant workers be treated the same as other workers who are similar in their ability or inability to work.

Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work." — Title VII of the Civil Rights Act of 1964

The PDA does not explicitly require pregnancy-related accommodations. However, if an employer provides accommodations or benefits to other temporarily disabled employees (such as modified duties or disability leave), it must do the same for pregnant employees.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a federal civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities in employment and other areas of public life. Under Title I of the ADA, employers with 15 or more employees must provide reasonable accommodations to qualified individuals with disabilities, including conditions resulting from pregnancy, if those conditions substantially limit one or more major life activities.

Although pregnancy itself is not considered a disability under the ADA, employers must treat pregnancy-related impairments that meet the ADA’s revised definition of disability as qualifying conditions. In such cases, employers are required to modify the work environment or job duties, such as providing light duty, schedule changes, or adjusted lifting requirements, unless doing so would impose an undue hardship.

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) is a federal law that took effect on June 27, 2023, and requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would pose an undue hardship.

Covered conditions can include morning sickness, gestational diabetes, lactation, miscarriage, abortion, recovery from childbirth, postpartum depression, and related physical or mental health needs.

The diagram below shows how these federal laws contribute to ensuring comprehensive workplace protection for pregnant workers.

Diagram showing how federal laws give comprehensive pregnant worker protection

State-by-State Laws for Pregnancy Accommodation

While federal laws provide a foundational level of protection for pregnant workers, many states have enacted their own laws that expand upon or clarify these rights. Some states offer broader coverage, apply to smaller employers, or provide more specific guidance on what qualifies as a reasonable accommodation.

These state-level laws work alongside federal protections to ensure that employees can access the support they need in the workplace during pregnancy, childbirth, and related medical conditions.

Why State Laws Matter: Some states proactively require accommodations and employer notice, while others offer only minimal or sector-specific protections. This isn't just a legal detail. It can shape a worker's options, comfort, and career stability. Checking your state’s laws is a key step in understanding your full rights

Alaska

Public employees may request a temporary transfer during pregnancy with medical documentation.

Key Rights:

Transfer to less strenuous roles
Must be paid fairly in new position
Employer must offer roles before hiring new staff

Under Alaska Stat. § 39.20.520, public employees who are pregnant and medically limited in their ability to perform their regular job duties may request a transfer to a less strenuous or hazardous position. The request must be supported by documentation from a licensed healthcare provider recommending the change based on the employee’s pregnancy or related condition.

If a suitable position is available within the same administrative division, and the employee is qualified and able to perform their duties, the employer must offer the position before hiring someone else. The transfer must not violate any contractual obligations, and the employee must be compensated at a rate no lower than the lesser of her current salary or the pay assigned to the new role.

This provision ensures temporary workplace adjustments are available to manage pregnancy-related limitations while maintaining employment continuity.

California

Employees are entitled to protected unpaid leave if medically disabled by pregnancy.

Key Rights:

Reasonable accommodations must be provided if medically advised
Up to 4 months unpaid leave with continued health benefits
Temporary transfer offered if feasible and requested

Under Cal. Gov’t Code § 12945, it is unlawful for an employer to refuse reasonable accommodations for an employee affected by pregnancy, childbirth, or a related medical condition, if requested with the advice of a healthcare provider.

Employees may also request a temporary transfer to a less strenuous or hazardous position if such a transfer can be reasonably accommodated. Employers are required to provide these accommodations when necessary, but are not obligated to create new positions or displace other employees to do so.

In addition, eligible employees are entitled to up to four months of unpaid pregnancy disability leave when medically disabled due to pregnancy or childbirth. During this leave, employers must maintain health insurance coverage at the same level offered prior to the leave, up to the four-month cap. Employers may require reasonable advance notice and documentation of the employee’s medical need, but may not interfere with the employee’s exercise of these rights.

Colorado

Employers must provide accommodations for pregnancy-related conditions unless it causes undue hardship.

Key Rights:

Modified duties, more breaks, seating, lifting restrictions
Temporary transfer to less strenuous roles if available
Employer cannot require employee to take leave as a first resort

Under Colo. Rev. Stat. § 24-34-402.3, employers must provide reasonable accommodations to applicants or employees for health conditions related to pregnancy, childbirth, or the physical recovery from childbirth—unless doing so would impose an undue hardship.

Reasonable accommodations may include more frequent breaks, modified schedules, seating changes, lifting restrictions, and temporary transfers to less strenuous roles if available. Employers cannot require employees to take leave if other accommodations are possible, nor can they impose accommodations the employee did not request.

Employees must request an accommodation, and employers may require documentation from a licensed health care provider. Once requested, both parties are obligated to engage in a timely, good-faith interactive process.

Employers must notify new and existing employees of their rights, post notices in a conspicuous location at the workplace, and avoid adverse actions based on accommodation requests. The law defines violations as discriminatory practices and makes good-faith compliance a defense against punitive damages in civil claims.

Connecticut

Employers are not allowed to limit the roles of pregnant employees and must post a notice of rights in a conspicuous location.

Key Rights:

Reasonable accommodations required
Cannot deny or limit roles due to pregnancy
Private lactation space must be provided

Conn. Gen. Stat. § 46a-60 prohibits employment discrimination based on pregnancy, childbirth, or a related condition, including lactation. Employers are required to provide reasonable accommodations for employees or applicants affected by pregnancy, unless doing so would impose an undue hardship.

Reasonable accommodations may include sitting while working, more frequent breaks, schedule modifications, temporary transfers to less demanding roles, assistance with manual labor, time off to recover from childbirth, or appropriate private facilities for expressing breast milk.

It is unlawful under state law to deny employment, limit opportunity, or require leave when a reasonable accommodation is available. Employers may not retaliate against employees for requesting accommodations, nor may they compel an employee to accept an accommodation that is not medically necessary.

Employers must also provide written notice of these rights to new employees, existing employees within defined timeframes, and anyone who notifies the employer of a pregnancy. Posting this information in a conspicuous workplace location is also required.

Delaware

Employers in Delaware must treat pregnancy accommodation needs with the same care as any other medical condition.

Key rights:

Access to modified duties and leave alternatives
Protection from retaliation when requesting accommodations
Must offer similar flexibility as for other temporary conditions

Del. Code Ann. tit. 19, § 711 makes it an unlawful employment practice to discriminate on the basis of pregnancy or to deny reasonable accommodations for known limitations related to pregnancy unless the employer can show it would impose an undue hardship. Covered accommodations may include changes to job duties, schedules, break times, or policies, similar to those offered to employees with other limitations.

Employers are also prohibited from taking adverse action against an employee who requests or uses a pregnancy-related accommodation. They may not require an employee to take leave if another reasonable accommodation can be provided, nor compel acceptance of an accommodation that is unnecessary or undesired.

Discrimination in hiring, job classification, or limiting opportunities due to a need for pregnancy accommodations is similarly prohibited under Delaware law.

District of Columbia

Pregnant workers in DC are entitled to reasonable job changes to support their health and employment during and after pregnancy.

Key rights:

Accommodations for pregnancy, childbirth, and breastfeeding
Prompt written notice of rights within 10 days
Right to file complaints for denied accommodations

Under the Protecting Pregnant Workers Fairness Act of 2014 (PPWFA), all DC employers must provide reasonable accommodations to employees whose ability to perform job duties is limited due to pregnancy, childbirth, breastfeeding, or a related medical condition. Common accommodations may include additional breaks, light-duty assignments, modified work schedules, transfers to less strenuous positions, or access to private lactation spaces.

Employers must also provide written notice of these rights within 10 days of being informed of an employee’s pregnancy or related condition, and display the required poster in a visible workplace location. Employees who believe their rights were violated may file a complaint with the DC Office of Human Rights, which investigates and may order relief if discrimination is found.

Hawaii

Employers must modify schedules for pregnancy-related disabilities and cannot penalize workers for needing time off.

Key rights:

Modify duties or schedules to accommodate pregnancy
No job loss or penalties for pregnancy-related absences
Equal treatment for pregnancy-related disabilities

Under Haw. Code R. § 12-46-107, employers must provide reasonable accommodations for employees affected by disabilities due to pregnancy, childbirth, or related medical conditions. This may include modifying job duties, schedules, or other conditions to support the employee’s ability to work during or after pregnancy.

It is an unlawful discriminatory practice to refuse to hire, discharge, or penalize a woman because of pregnancy or a related medical need. Employers must also accommodate time away from work required for pregnancy-related disability without imposing adverse employment consequences.

Illinois

The law in Illinois protects pregnant employees by requiring accommodations, banning forced leave, and ensuring fair treatment at work.

Key rights:

Right to reasonable pregnancy accommodations
Includes schedule changes, light duty, or position reassignment
Cannot be forced to take leave if other solutions exist

Under 775 ILCS 5/2-102(J), Illinois employers are required to provide reasonable accommodations for medical or common conditions related to pregnancy or childbirth, unless doing so would impose an undue hardship. This applies to applicants as well as part-time, full-time, or probationary employees. Accommodations may include more frequent breaks, light duty, seating, schedule adjustments, temporary transfers, reassignment to a vacant position, or time off to recover from childbirth.

Employers may not force a leave of absence when another accommodation is available, nor may they impose accommodations that were not requested. Employers are allowed to request limited medical documentation to support the accommodation and are required to engage in a timely, good-faith interactive process with the employee. The law also ensures reinstatement rights after accommodation ends, and retaliation or denial of opportunities based on accommodation needs is prohibited.

Kentucky

Pregnant employees are entitled to scheduled adjustments with more breaks without being forced onto leave.

Key rights:

Reasonable adjustments like flexible schedules or light duty
Cannot be forced onto leave if accommodations are possible
Employer must engage in good-faith dialogue to find solutions

Under KRS § 344.040, it is unlawful for employers in Kentucky to discriminate against employees due to pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations for employees who request them unless doing so would impose an undue hardship on the business. Accommodations may include schedule adjustments, light duty, more frequent breaks, or space to express breast milk.

The law prohibits forcing leave from work if a reasonable accommodation can be provided. Employers and employees are required to engage in a timely, good-faith interactive process to determine effective solutions.

Louisiana

Employees are protected from discrimination and entitled to fair treatment during pregnancy and recovery.

Key rights:

Reasonable accommodation required for pregnancy-related conditions
Cannot force leave if other adjustments work
Equal leave and benefits as other temporarily disabled workers

Under La. R.S. § 23:342, Louisiana law prohibits employers from discriminating against employees or applicants due to pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations for known limitations related to these conditions unless doing so would impose an undue hardship. Accommodations must not include forced leave if another adjustment can be reasonably made, nor can employers impose accommodations that a worker did not request or need.

Eligible employees may take up to six weeks of leave for a normal pregnancy and childbirth, or up to four months if medically necessary. Employers must provide the same leave and benefits to pregnant workers as they do to other temporarily disabled employees. Employees may request a transfer to a less strenuous position if the employer has a policy allowing such transfers for other temporarily disabled workers. Employers must provide written notice of these rights to new hires and to all employees, and must post the notice in a visible location.

Maine

Employers must not impose undue hardship or inconsistent treatment on expectant employees.

Key rights:

Right to reasonable accommodations for pregnancy-related conditions
Protection from discriminatory treatment due to pregnancy
Access to adjustments without requiring paid benefits unless equally applied

Under 5 M.R.S. § 4572-A, it is unlawful for employers, employment agencies, or labor organizations in Maine to discriminate against individuals because of pregnancy, or conditions related to pregnancy or childbirth. Employers must provide reasonable accommodations to employees with pregnancy-related conditions upon request, unless doing so would impose an undue hardship on business operations.

Reasonable accommodations may include more frequent breaks, flexible work schedules, modification of equipment or seating, relief from heavy lifting, transfer to less strenuous duties, or workplace lactation support. Employers may not treat pregnant workers—whether able or unable to work—differently than other employees with comparable work abilities or limitations due to other medical conditions. However, employers are not obligated to offer benefits like paid sick leave or medical benefits for pregnancy-related conditions unless those are also provided for other employees.

Maryland

Employers may require documentation from a healthcare provider outlining the medical advisability and type of accommodation needed for pregnant employees.

Key rights:

Modify duties, schedules, or workstations
Transfer to less strenuous positions when needed
Equal treatment as other temporary disabilities

Under Md. State Gov’t Code § 20‑609, employers must provide reasonable accommodations to employees who request them due to a temporary disability caused or contributed to by pregnancy or childbirth. Accommodations may include modifying duties or schedules, altering workstations, providing mechanical supports, transferring to a less strenuous position, or taking leave, as long as providing the accommodation does not impose an undue hardship on the employer.

Pregnancy-related disabilities must be treated the same as other temporary disabilities in leave policies, benefits, reinstatement, and insurance coverage. Employers may require documentation from a healthcare provider outlining the medical advisability, duration, and type of accommodation needed, just as they would for any other temporary disability.

Massachusetts

Massachusetts law ensures pregnant workers receive support through reasonable benefits and protection from discrimination.

Key rights:

Temporary transfer to less strenuous roles
Private, non-bathroom lactation space
Cannot be forced to take leave if accommodations are possible

Under M.G.L. c. 151B, § 4(1E), Massachusetts law requires employers to provide reasonable accommodations for an employee’s pregnancy or related conditions, including lactation, if requested, unless doing so would impose an undue hardship. Examples of reasonable accommodations include seating, additional breaks, temporary transfer to a less strenuous role, light duty, private non-bathroom lactation space, or a modified schedule. Employers cannot force leave if another effective accommodation is available.

Employees are protected from discrimination, denial of employment, or adverse action due to their accommodation requests. Employers must engage in a timely, good-faith interactive process to determine suitable accommodations.

Written notice of these rights must be shared with all new employees and with any employee who notifies the employer of a pregnancy or a related condition, such as lactation, within ten days of that notification. Documentation requirements are limited and cannot be imposed for certain common accommodations like restroom or seating breaks.

Minnesota

Minnesota ensures pregnant and postpartum workers receive practical support without penalty or forced leave.

Key rights:

Temporary transfer to less demanding duties
No documentation needed for routine needs like extra breaks
Private lactation space with outlet access

Under Minn. Stat. § 181.939, employers with 15 or more employees must provide reasonable accommodations to workers for health conditions related to pregnancy or childbirth. Upon request, and without requiring documentation for certain basic needs, accommodations may include more frequent breaks, seating, limits on lifting more than 20 pounds, or temporary transfer to a less strenuous position. Employers may not require leave as an alternative to providing such accommodations.

Minnesota also requires all employers, regardless of size, to provide unpaid break time and a private, non-bathroom space with access to an outlet for lactating employees to express milk during the first 12 months after childbirth. Employers are prohibited from retaliating against employees for requesting accommodations or asserting related rights. An interactive process is required to determine effective accommodations unless the employer can show undue hardship.

Nebraska

Private and public employees are entitled to reasonable job changes during pregnancy.

Key rights:

Adjust job duties or schedule to fit medical needs
Requests must be free from retaliation
No forced leave or denial of opportunity

Under Neb. Rev. Stat. § 48-1107.02, it is unlawful for employers to discriminate against employees or applicants who are pregnant, have given birth, or have a related medical condition. Employers must provide reasonable accommodations for known physical limitations, unless doing so would impose an undue hardship on business operations.

Reasonable accommodation must be based on the individual’s needs and can include changed job duties, scheduling adjustments, or other modifications, so long as it enables the employee to perform essential job functions.

Employers cannot deny employment, take adverse action, force leave, or impose unwanted accommodations based on pregnancy or a related condition. Additionally, medical inquiries or exams related to pregnancy are limited and must follow strict confidentiality and business necessity standards.

Any applicant or employee who requests or uses an accommodation is protected from retaliation. The law aligns pregnancy-related protections with those afforded to individuals with disabilities under state law.

Nevada

Nevada law ensures pregnant workers receive fair treatment and workplace inclusion.

Key rights:

Reasonable accommodations required
Includes options like light duty or lactation breaks
Employer must engage in interactive process

Under the Nevada Pregnant Workers’ Fairness Act (NRS §§ 613.4353–613.4383), employers are required to provide reasonable accommodations to employees and applicants with conditions related to pregnancy, childbirth, or a related medical condition, including lactation, unless doing so would impose an undue hardship.

Accommodations may include modified schedules, seating, light duty, breaks for expressing milk, space other than a bathroom for lactation, or temporary transfer to a less strenuous role. Employers and employees must engage in a timely, good-faith interactive process to determine an effective accommodation.

The law prohibits employers from requesting or imposing unwanted accommodations, denying opportunities based on an employee’s need for accommodation, or forcing leave when another solution is available. Written notice of these rights must be provided to new employees at hire and to pregnant employees within 10 days of disclosure, and must be posted at the worksite.

It is also unlawful to deny equal leave benefits to pregnant workers if leave is provided for other medical reasons. A rebuttable presumption of no undue hardship exists if the same accommodation is provided to others in similar roles.

New Jersey

New Jersey law protects pregnant and breastfeeding workers by requiring reasonable workplace changes and prohibiting discrimination or retaliation.

Key rights:

Reasonable accommodations required
Break time and private space for nursing
No forced leave if adjustments can be made

Under N.J. Stat. Ann. § 10:5-12(s), it is an unlawful employment practice for employers to treat an employee affected by pregnancy or breastfeeding less favorably than others with similar work abilities or limitations. Employers must provide reasonable accommodations for needs related to pregnancy, childbirth, recovery, or breastfeeding upon request, based on the advice of the employee’s physician. Accommodations may include bathroom and water breaks, assistance with manual labor, job restructuring, flexible schedules, or transfer to less hazardous work.

The law prohibits employers from denying accommodations, imposing unwanted accommodations, forcing leave when an alternative adjustment is available, or retaliating against an employee for requesting an accommodation. Breastfeeding workers are entitled to reasonable break time and a private space, other than a toilet stall, for expressing milk.

Accommodations must be provided unless doing so would impose an undue hardship, factoring in business size, resources, and the nature of the accommodation. These protections apply to all covered employers and must be administered comparably to accommodations for non-pregnancy-related medical needs.

New Mexico

Employers may not force an expectant employee to take paid or unpaid leave if another arrangement can be made.

Key rights:

Reasonable accommodations required
Includes role transfers or schedule changes
Leave cannot be forced if other options exist

Under N.M. Stat. Ann. §§ 28-1-2, 28-1-7, it is unlawful for employers with four or more employees to discriminate against a person based on pregnancy, childbirth, or a related medical condition. Employers must provide reasonable accommodations to employees or applicants with needs arising from pregnancy, unless the accommodation would cause an undue hardship on business operations.

Examples of reasonable accommodations include job duty modifications, scheduling changes, restroom or water breaks, or transfers to less strenuous roles. Employers may not force an employee to take paid or unpaid leave if another accommodation can be made. The law requires that employers and employees engage in good-faith efforts to find reasonable, effective accommodations that enable the employee to perform essential job functions without being penalized.

New York

Workers are entitled to pregnancy-related benefits if medically needed, unless it creates a serious burden for the employer.

Key rights:

Reasonable accommodations for pregnancy-related conditions
Applies to applicants and employees
Medical info must stay confidential

Under N.Y. Exec. Law § 296(3), employers, licensing agencies, labor unions, and employment agencies in New York must provide reasonable accommodations for known pregnancy-related conditions, unless doing so would impose an undue hardship. The law applies to employees and applicants in connection with employment or job training programs.

Undue hardship is determined on a case-by-case basis, considering factors such as the size of the business, its budget, the nature of its operations, and the cost of the accommodation. Employees must cooperate by providing necessary medical or other documentation to verify the need for accommodation, and all medical information must be kept confidential. Reasonable accommodations are separate from broader disability accommodations and are specific to pregnancy-related needs under New York law.

North Carolina

Employees may seek practical job adjustments to stay healthy and productive during pregnancy.

Key rights:

Transfer to less strenuous roles
Employer must offer roles before hiring new staff
Request modified work schedules

Under Executive Order No. 82 (2018), pregnant employees of state agencies in North Carolina are entitled to request reasonable workplace adjustments to support their health and ability to perform essential job duties. These accommodations apply only to eligible state employees and may include modified work schedules, more frequent rest breaks, light-duty assignments, seating changes, remote work options, and access to lactation facilities other than a bathroom.

Employers must provide these accommodations unless doing so would impose a significant difficulty or expense, known as an undue hardship. Such assessments consider factors like the cost of accommodation, the agency’s resources, and its overall size. The Executive Order emphasizes the Governor's intent that state agencies offer the broadest feasible range of pregnancy-related accommodations.

North Dakota

Pregnant employees are entitled to accommodations in line with the normal business’ operations.

Key rights:

Access to job modifications for pregnancy-related needs
Employer must assess reasonableness based on business size and resources
Protections cover pregnancy, childbirth, and related conditions

Under N.D. Cent. Code § 14-02.4-03, it is a discriminatory employment practice for an employer to fail or refuse to provide reasonable accommodations to an otherwise qualified individual because of pregnancy, childbirth, or related medical conditions. This includes making appropriate job adjustments when possible, unless doing so would impose an undue hardship on the employer’s business operations.

Employers are not required to accommodate if the requested adjustment would disrupt normal business operations, endanger health or safety, contradict a business necessity, or impose a financial or operational burden. Reasonable accommodations must be assessed in light of the business’s size, resources, and nature. These protections apply to all individuals recognized as “pregnant” under the law, which specifically includes pregnancy, childbirth, and related medical conditions.

Oregon

Employers may not force a worker to take leave if an effective option is available, and may not require the worker to accept an unnecessary accommodation.

Key rights:

Access to reasonable accommodations for pregnancy and related conditions
Protection from retaliation for requesting support
Cannot be forced to take leave if accommodations are possible

Under Or. Rev. Stat. §§ 659A.146–659A.148, it is an unlawful employment practice in Oregon for employers with six or more employees to deny reasonable accommodations to workers due to limitations related to pregnancy, childbirth, or related medical conditions, including lactation. Employers may not discriminate, retaliate, or take adverse action against a worker for requesting or using a pregnancy-related accommodation.

Reasonable accommodations may include longer or more frequent breaks, modified work schedules, equipment changes, assistance with manual labor, or changes in duties. Employers may not force a worker to take leave if an effective accommodation is available, and may not require an employee to accept an unnecessary accommodation.

Rhode Island

Pregnant workers are entitled to conducive adjustment of schedules and protection from discrimination.

Key rights:

Adjustments to duties, schedules, or workspaces
Cannot be forced to take leave
Equal treatment as other accommodated employees

Under R.I. Gen. Laws § 28-5-7.4, employers must provide reasonable accommodations for conditions related to pregnancy, childbirth, or a related medical condition unless doing so would impose an undue hardship on business operations. Accommodations may include adjustments to job duties, schedules, or physical workspaces, and must be treated comparably to those provided to other classes of employees, such as those with disabilities or injuries.

Employers may not require an employee to take leave if a reasonable accommodation is available, nor can they deny employment or advancement due to pregnancy-related limitations. Employees cannot be forced to accept accommodations they do not want.

South Carolina

Employers are not allowed to deny employment or force a pregnant employee to take leave if another accommodation option is available.

Key rights:

Protection from forced leave if other accommodations exist
Right to refuse unnecessary accommodations
Employers must notify workers of their rights

Under S.C. Code § 1-13-80(A)(4), it is an unlawful employment practice for employers to fail or refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the business. These protections apply to both employees and job applicants.

Employers may not deny employment, force an employee to take leave if another accommodation is available, or require an individual to accept an unwanted or unnecessary accommodation. Discrimination or retaliation for requesting or using an accommodation is also prohibited. Employers must provide a written notice of these rights to new employees at hire, to existing employees within 120 days of the law’s effective date, and by posting a copy in a location accessible to employees.

Tennessee

Medical documentation may be required for certain benefits and should not be used to delay the employer's duty to engage in an interactive process with the employee.

Key rights:

Adjust duties, schedule, or physical demands
Access private space for expressing milk
An employee can't be forced onto leave if alternatives exist

Under Tenn. Code Ann. §§ 50-10-101 to 50-10-104, employers with 15 or more employees must provide reasonable accommodations for medical needs related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship.

Examples of reasonable accommodations include modified work schedules or duties, more frequent breaks, seating adjustments, limits on manual labor or lifting, private non-bathroom space for expressing milk, and flexible time off for prenatal visits.

Employers may not require an employee to take leave if another effective accommodation is available, nor may they take adverse action for requesting or using pregnancy-related accommodations. Medical documentation may only be required for certain accommodations and must not be used to delay the employer's duty to engage in an interactive process.

Texas

Public employers must offer temporary reassignment to pregnant employees with medical certification, if a suitable role is available in the same office.

Key rights:

Temporary reassignment if medically necessary
Accommodation required if a suitable role exists
Applies to city and county government workers only

Under Tex. Local Gov’t Code § 180.004, municipalities and counties in Texas must make a reasonable effort to accommodate an employee who is partially physically restricted due to pregnancy, as determined by a physician. If the physician certifies that the employee cannot perform her regular duties due to pregnancy and if a temporary assignment is available in the same office, the supervisor must assign the employee to that role.

This law applies only to public sector employees working for city or county governments and does not impose a broader requirement on private employers. Reasonable efforts are required, but accommodations are contingent upon medical certification and availability of a suitable position within the employee’s current office.

Utah

Utah law prohibits retaliation or forced leave for pregnant employees by employers.

Key rights:

Right to accommodations like schedule changes or lifting limits
No forced leave if accommodation is possible
Protection from retaliation for requesting accommodations

Under Utah Code § 34A-5-106(1)(g), employers are prohibited from refusing to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, breastfeeding, or related conditions, unless doing so would pose an undue hardship. These protections apply to all covered employees who request accommodations.

Reasonable accommodations may include more frequent restroom or water breaks, schedule changes, limits on heavy lifting, modified work duties, or private space for expressing breast milk. Employers may request documentation from a healthcare provider to substantiate the need for certain accommodations, though not for basic needs like extra food/water/restroom breaks.

Employers may not require employees to accept unwanted accommodations, take leave when an accommodation is possible, or face adverse action, including retaliatory policies such as no-fault attendance penalties. Written notice outlining these rights must be posted in the workplace or included in employee handbooks.

Vermont

Employees have the right to adjustments that help them stay healthy and employed during pregnancy.

Key rights:

Modified schedules or part-time work
Job restructuring or changes in duties
Adjustments to workplace equipment or facilities

Under 21 V.S.A. § 495k, employers in Vermont are required to provide reasonable accommodations for employees with pregnancy-related conditions, unless doing so would impose an undue hardship on the employer. These protections apply regardless of whether the employee qualifies as an individual with a disability.

A reasonable accommodation may include job restructuring, part-time or modified work schedules, or changes to facilities or equipment, unless doing so would present significant difficulty or expense in light of the employer’s size, resources, or operations.

Virginia

Employers with five or more workers are to provide reasonable pregnancy-related benefits and are prohibited from granting forced leave.

Key rights:

Reasonable accommodations like schedule changes, extra breaks, or transfer to light duty
Protection from retaliation or denial of work opportunities due to accommodation requests
Right to file a civil action for violations, including claims for damages and legal fees

Under Va. Code § 2.2-3909, employers with five or more employees must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, including lactation, unless doing so would pose an undue hardship. Accommodations may include extra breaks, private lactation space, modified work schedules, light duty, seating changes, and temporary transfers. Employers may not force an employee to take leave if another accommodation is available.

Retaliation or denial of opportunities based on accommodation requests is prohibited, and employers must engage in a timely, good-faith interactive process to determine effective accommodations. Employers are also required to post notices, inform new hires, and notify any pregnant employee within 10 days of disclosure. Employees may file civil actions and may be entitled to back pay, compensatory damages, and legal fees if their rights are violated.

Washington

Employers are not to request medical documentation for basic needs for their pregnant employees.

Key rights:

Employers must accommodate needs like breaks, lifting limits, and modified duties
Employers cannot force unpaid leave if accommodation is possible
Retaliation against employees for requesting accommodations is prohibited

Under Wash. Rev. Code § 43.10.005 et seq., employers with 15 or more employees must provide reasonable accommodations for an employee’s pregnancy or related health conditions, including childbirth and lactation. Required accommodations may include additional restroom breaks, seating, flexible schedules for prenatal visits, transfer to less strenuous roles, assistance with manual labor, or limits on lifting over 17 pounds, none of which may be denied on grounds of undue hardship.

Employers may not force leave if a reasonable accommodation can be provided, nor may they retaliate against employees for requesting an accommodation. Employers may request medical documentation to support most accommodations, but not for basic needs like extra breaks or lifting restrictions.

West Virginia

The law bans forced leave or discrimination, and promotes awareness through state outreach.

Key rights:

Request accommodations without fear of job denial
Refuse unwanted changes or forced leave
Protection from undue hardship denials

Under W. Va. Code § 5-11B-2, employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, as long as the employee or applicant provides written documentation from a healthcare provider stating the limitation and suggesting effective accommodations. Employers may only deny such accommodations if they can demonstrate that it would impose an undue hardship.

Covered entities may not deny employment based on the need for accommodation, require an employee to accept unwanted adjustments, or force leave when an accommodation is possible. The law also directs the Division of Labor to notify employers annually about compliance obligations and the impact of violations, while the Human Rights Commission is tasked with conducting statewide public education to promote awareness of pregnancy accommodation rights.

Comparison of State-by-State Pregnancy Accommodation Laws

The table below categorizes states (and the District of Columbia) based on the strength of their pregnancy accommodation laws, from the most comprehensive protections to the most limited. These tiers reflect the scope, clarity, and enforceability of state-level requirements beyond federal law.

Table showing tier list of pregnancy accommodation laws by state

States such as California and New York provide some of the most comprehensive pregnancy accommodation protections, with clear requirements and proactive obligations for employers.

In contrast, states such as Alaska and Texas offer more limited protections, often applying only to public-sector employees. While many states fall somewhere in between, the level of support varies widely depending on where a worker is employed.

Understand Your Legal Rights

Pregnancy accommodation rights in the workplace are shaped by a combination of federal and state laws, each offering different levels of protection and obligation. While federal laws such as the PDA, ADA, and PWFA create a nationwide baseline, many states go further, providing expanded coverage, more specific accommodation requirements, or protections that apply to smaller employers.

Both employees and employers must stay informed about the laws applicable in their specific jurisdiction. Staying compliant with the law isn’t just about avoiding legal risk. It’s also about supporting a safe, equitable, and inclusive workplace for all.

Note: This article is for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information presented, laws may change or be interpreted differently over time. If you are seeking advice regarding a specific situation or legal concern, you should consult a qualified attorney or legal professional in your jurisdiction.