The Oklahoma Bar Journal August 2025

protections discussed above, as those were “insufficient to ensure that pregnant workers receive the accommodations they need.” 32 The following is a guide to assist employees and employers in navi gating the PWFA. The PWFA applies to public and private employers with 15 or more employees and unions. 33 It applies to a “qualified employee or applicant with a known limitation related to pregnancy, childbirth, or related medical conditions absent undue hardship.” A qual ified employee is one who can perform the essential functions of their position with or without a reasonable accommodation or one who is unable to perform an essential function of the job, so long as it could be performed in the near future (determined on a case-by-case basis but defined as approximately 40 weeks). Known limitations are broadly defined as those communicated to employers and are inclusive of modest, minor or episodic impediments. 34 The PWFA outlines five prohib ited practices: 1) denial of reason able accommodation, 2) forced accommodation, 3) failure to hire, 4) forced leave and 5) retaliation. 35 Prohibited Practice No. 1: Denial of Reasonable Accommodation Employers must now provide reasonable accommodations for known pregnancy, childbirth and related medical conditions, absent undue hardship to the employer. The following are examples of reasonable accom modations for pregnant mothers: light duty assignments and help with manual labor/lifting, tem porary transfer to remote or less physical positions, flexible sched uling, modifying company policies

of a pregnant employee may use FMLA leave for the birth of their child and to care for the mother. Unfortunately, the FMLA’s cov erage fails to protect a sizable group of pregnant women. As a threshold matter, it only applies to employers with 50 or more employees within 75 miles and eligible employees who worked with the employer for at least 1,250 hours during the immediately preceding 12 months. 29 Further, parents working for the same company may only take a combined 12 weeks of leave under the FMLA. It is estimated that approximately 44% of workers are not eligible for FMLA leave because they work for small employers, do not work enough hours or have not worked for their employer for a long enough period. 30

pregnancy-related impairment is transitory and minor. 24 While these parameters are consistent with how disabilities are evaluated under the ADA, this framework only provides reason able accommodations to mothers who have pregnancy complications classified as abnormal, severe or high risk. Thus, over 90% of women who progress through their pregnancies without these compli cations struggle to attain protection under the ADA. 25 Family and Medical Leave Act In 1993, the Family and Medical Leave Act (FMLA) was enacted to provide unpaid leave for employ ees in circumstances related to the employee’s medical needs or the needs of a family member. 26 While not its primary focus, the FMLA mandates employ ers allow employees 12 weeks of unpaid leave 27 in a 12-month period for the birth or adoption of a child, foster care placement, bonding with a child, prenatal care or incapacity related to preg nancy. 28 Additionally, the spouse

PREGNANT WORKERS FAIRNESS ACT: THE NEED-TO-KNOWS The PWFA became effec

tive June 27, 2023, and the final regulations took effect June 18, 2024. 31 The purpose of the PWFA is to expand upon the existing

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

AUGUST 2025 | 29

THE OKLAHOMA BAR JOURNAL