You do have options when it comes to balancing your career and your growing bump — and you don't have to navigate it alone. There are laws to protect you at work during pregnancy that ensure eligible employers provide reasonable accommodations. Whether that means getting more flexible hours, remote work options, or extra breaks, these workplace protections exist to help you take care of yourself and your baby.
Being pregnant can feel like its own job as you juggle doctor's appointments, learn new pregnancy-specific medical lingo, and do your best to go about your usual routine while dealing with a slew of bodily changes. To handle all of that while working a professional job certainly isn't easy, especially if you have pregnancy complications.
But there's legislation designed to help make your pregnancy journey a little easier — on the work front, at least. Among other things, you can ask for flexible hours and other reasonable accommodations during pregnancy. Get the lowdown, plus advice from employment lawyers on getting the accommodations you need.
What is the Pregnant Workers Fairness Act?
Signed into law in 2023, the Pregnant Workers Fairness Act (PWFA) is legislation that grants "reasonable accommodations" to covered employees during pregnancy.[1]
"It means women can ask for changes to their job to make it easier for them to succeed at work and also protect the health and safety of their pregnancy," says Daphne Delvaux, attorney and founder of Delvaux Law, the country's first law firm dedicated to helping women at work.
The PWFA applies to private and public employers with at least 15 employees. It also covers people who work for Congress, federal agencies, employment agencies, and labor organizations.
The Pregnant Workers Fairness Act "supplements existing laws related to pregnancy," says Larry Stuart, an employment lawyer at the Houston-based law firm Stuart PC and an adjunct professor at the Jones Graduate School of Business at Rice University. For example, it addresses issues related to pregnancy and childbirth that the Americans with Disabilities Act does not necessarily cover.
Can you ask for flexible hours at work when you're pregnant?
Yes, you can ask for flexible hours at work when you're pregnant, and you're entitled to them in certain situations thanks to the PWFA.[2]
"You can ask for flexibility if you have a pregnancy-related condition that makes your current schedule difficult to follow," Delvaux says. That may mean coming in later than usual if you struggle with morning sickness or adjusting your schedule if you have an ultrasound during work hours.
Just keep in mind your employer only has to grant accommodations if it can make them happen.
"It will be easier for women working computer jobs to receive these rights than for women who work in industries like health care and education," Delvaux says.
How should you ask for flexible hours at work when you're pregnant?
Before speaking with your boss, check in with your doctor first.
"Go to your provider and explain the physical or mental challenges you are experiencing," Delvaux says. "Then, with a doctor's note in hand, approach your employer and ask for what you need."
Having this documentation will improve the odds your request gets granted.
"I just did this! I am now working from home for the rest of my pregnancy, but I used to commute to the office three days a week," says What to Expect Community parent bt94. "[My doctor wrote] that I was experiencing back and hip pain due to my commute, and I needed to be within a short distance of my doctor/hospital due to the nature of having a high-risk pregnancy with twins."
Can you ask for remote work when you're pregnant?
You can ask for remote work, but the law doesn't explicitly name it as a reasonable accommodation. Whether your employer will grant a work-from-home request depends on the type of work you do, Stuart says.
Factors include the type of business, what you do there, any specific pregnancy or childbirth-related limitations, and the availability of other reasonable accommodations, he says.
"I am requesting to work from home, versus the hybrid schedule we currently have, which is three days in office, two remote," says What to Expect Community mom Jocelyn8616.
The PWFA does require that employers treat employees with pregnancy and childbirth-related medical conditions the same as it does other similarly-situated employees, he explains.
"If an employee experiencing back pain or chronic headaches unrelated to pregnancy or childbirth is allowed to work remotely when so afflicted, the PWFA would likely require the employer to accommodate individuals experiencing those conditions in connection with pregnancy or childbirth," Stuart says.
The reverse is also true: If your company has not let employees with other health conditions work remotely, it's not obligated to permit remote work for pregnant workers.
How can you ask for remote work when you're pregnant?
Just like with flexible hours, you should talk to your doctor before requesting remote work, Delvaux advises.
"You have the best chance of getting your accommodation granted if you also attach a doctor's note confirming your need for the accommodation," she says.
Specifying a definite time frame and other details is another good tactic.
"Your employer is not obligated to accommodate an infinite leave," Delvaux adds. "Accommodation requests with specific needs that spell out specific solutions during a specific window have the highest chance of being granted."
What are other accommodations you can ask for when you're pregnant?
The PWFA covers more than just flexible hours. Other accommodations expectant moms can request include:
- Getting time to sit or drink water
- Receiving closer parking
- Receiving appropriately-sized uniforms and safety apparel
- Receiving additional break time to use the bathroom, eat, and rest
- Taking leave or time off to recover from childbirth
- Being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy
The legislation also means a covered employer can't force you to take time off or quit when an accommodation would allow you to continue working, Stuart adds.
You're also entitled to specific rights through other laws:
- The Family and Medical Leave Act protects unpaid leave and job security for qualified family and medical reasons (including pregnancy and childbirth).
- The PUMP Act requires employers to grant accommodations to pump breastmilk at work.
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