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Your rights at work while pregnant: the PWFA and state laws

Can you be fired for being pregnant? No. What the Pregnant Workers Fairness Act requires, how to ask for an accommodation, and how to file an EEOC charge.

By The Mom Site editorial teamUpdated 51 sources11 min read

Short answer

Employers with 15 or more employees can't fire you, refuse to hire you or treat you worse because you're pregnant. Under the Pregnant Workers Fairness Act, they also have to make reasonable changes at work, such as more breaks, a stool, a schedule change or time off for appointments, unless it causes undue hardship. If your employer won't, you generally have 180 days to file a charge with the EEOC, or 300 days in places with a state or local agency that enforces a similar law.
On this page9 sections
  1. Key takeaways
  2. Can you get fired for being pregnant?
  3. What the Pregnant Workers Fairness Act requires
  4. Pregnancy discrimination and FMLA job protection
  5. State laws that go further
  6. How to ask for a pregnancy accommodation
  7. How to file a charge with the EEOC
  8. Questions people ask
  9. Sources

Key takeaways

  • The Pregnancy Discrimination Act bans firing, refusing to hire, demoting or otherwise treating you worse because of pregnancy, at employers with 15 or more employees.
  • The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth and related conditions, including lactation, unless that causes significant difficulty or expense.
  • Four requests should be granted in virtually all cases: keeping water nearby, extra restroom breaks, sitting or standing as needed, and breaks to eat and drink. Your own statement is usually enough for these, with no doctor's note.
  • About 30 states and DC have their own pregnancy accommodation laws. Illinois, North Dakota and Vermont cover employers of any size.
  • To file an EEOC charge you generally have 180 calendar days from the discrimination, extended to 300 days where a state or local agency enforces a similar law.

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You can't legally be fired for being pregnant if your employer has 15 or more employees. Federal law also requires those employers to make reasonable changes so you can keep working safely, and it protects you from retaliation for asking [1][2].

This guide covers what the law requires, how to ask for what you need, and where to go if your employer says no. It's rights information, not legal advice. For your specific situation, talk to the EEOC, your state civil rights agency or an employment lawyer.

Can you get fired for being pregnant?

No, not because of the pregnancy. Four federal laws protect pregnant and postpartum workers:

Law Who it covers What it does
Pregnancy Discrimination Act (1978) Employers with 15+ employees Bans discrimination because of pregnancy in hiring, pay, job assignments, promotions, firing and layoffs [1]
Pregnant Workers Fairness Act (2023) Employers with 15+ employees Requires reasonable accommodations for pregnancy, childbirth and related conditions, unless they cause undue hardship [2]
Family and Medical Leave Act Eligible workers at employers with 50+ employees within 75 miles Up to 12 weeks of unpaid, job-protected leave, with your health coverage kept on [3]
PUMP for Nursing Mothers Act Nearly all workers covered by federal wage law Break time and a private space to pump for a year after the birth [4]

The Pregnancy Discrimination Act's core rule is that workers affected by pregnancy, childbirth or related conditions must be treated the same as others "similar in their ability or inability to work" [5]. So if your employer gives light duty to other workers with similar limits, refusing it to you because you're pregnant can be discrimination.

These laws don't make you impossible to fire. They make pregnancy an illegal reason. If you're let go soon after you announce a pregnancy, ask for a written reason and keep it.

Work for a small employer? The two federal anti-discrimination laws start at 15 employees. Many state laws reach smaller workplaces. Illinois, North Dakota and Vermont require pregnancy accommodations at employers of any size, and New Mexico at employers with 4 or more [6][7][8][9].

What the Pregnant Workers Fairness Act requires

The Pregnant Workers Fairness Act (PWFA) took effect June 27, 2023. The EEOC's rule carrying it out took effect June 18, 2024 [10][11]. It covers private and public employers with 15 or more employees, plus Congress, federal agencies, employment agencies and unions [2].

What counts. The law covers "known limitations" related to pregnancy, childbirth or related medical conditions. Known means you, or someone on your behalf, told your employer about it [2]. EEOC's examples of related conditions include miscarriage, vaginal and C-section deliveries, postpartum depression, edema, placenta previa and lactation [2]. A limitation can be minor, such as morning sickness [2].

What a reasonable accommodation can look like. EEOC lists these examples [2][11]:

  • More frequent or longer breaks to drink water, eat, rest or use the restroom
  • Permission to keep a water bottle or food at your workstation
  • A stool to sit on, or a way to work standing up
  • A schedule change, part-time hours or a later start time
  • Telework
  • Closer parking
  • Light duty, or help with lifting
  • A temporary reassignment, or temporarily setting aside one or more essential job duties
  • Time off for health care appointments
  • Leave to recover from childbirth or a related condition

EEOC's rule lists both paid and unpaid leave as possible accommodations [11]. Whether your time off is paid usually depends on your employer's own policies. Our maternity leave guide covers who pays for which weeks.

Four requests that should almost always be granted. EEOC calls these "predictable assessments." In virtually all cases they're reasonable accommodations that don't cause undue hardship [11]:

  1. Carrying or keeping water nearby and drinking as needed
  2. Taking extra restroom breaks as needed
  3. Sitting if your job requires standing, or standing if it requires sitting, as needed
  4. Taking breaks to eat and drink as needed

What your employer can't do. Under the PWFA, a covered employer can't [2]:

  • Refuse a reasonable accommodation unless it causes undue hardship, which means significant difficulty or expense
  • Make you accept an accommodation that wasn't worked out with you
  • Deny you a job or opportunity because you need an accommodation
  • Make you take leave if another accommodation would let you keep working
  • Punish or retaliate against you for asking, or pressure you not to use your rights

You can be temporarily unable to do part of your job and still be protected. If you can't do an essential function now but will be able to in the near future, you may still qualify, as long as the gap can be reasonably accommodated [2].

Paperwork is limited. An employer doesn't have to ask for documentation [11]. Under EEOC's rule, asking for it is generally not reasonable when the limitation and the change you need are obvious and you confirm them yourself, when you ask for one of the four predictable changes above, or when the request is for time or space to pump [12].

Is the rule changing? In May 2025 a federal court in Louisiana struck the part of the rule that covered elective abortion [13]. The EEOC's regulatory agenda also lists proposed revisions to the rule, with a target date of November 2026 [14]. Changes to the rule don't change the law Congress passed. Workers keep using it: charges citing the PWFA rose from 2,729 in fiscal 2024 to 3,448 in fiscal 2025 [15].

Pregnancy discrimination and FMLA job protection

Pregnancy discrimination covers the whole job, not just firing. EEOC lists hiring, pay, job assignments, promotions, reduced hours, layoffs and firing [1]. Common warning signs include being moved to a worse shift after you announce your pregnancy, being passed over for a promotion you were in line for, or having your hours cut when no one else's are.

FMLA job protection applies while you're on leave. If you qualify, your employer has to keep your group health coverage going and put you back in the same or a virtually identical job when you return [3]. You qualify after 12 months and 1,250 hours with an employer that has 50 or more employees within 75 miles [3]. You can also use FMLA before the birth for prenatal care or when pregnancy keeps you from working [3].

If your employer denies FMLA leave or doesn't give you your job back, that complaint goes to the Department of Labor's Wage and Hour Division at 1-866-487-9243, not the EEOC [16].

State laws that go further

About 30 states and DC have their own pregnancy accommodation laws, according to A Better Balance's December 2025 count [17]. Some reach much smaller employers than federal law, and some add rules the PWFA doesn't have.

Our October 2026 review of the 35 states without a paid leave program found 12 with accommodation laws that cover private employers:

State Who's covered What the law requires
Illinois All employers, public and private Accommodations such as more breaks, light duty, a private space to pump and time off to recover, with your job back afterward [6][18]
Kentucky Employers with 15+ employees Accommodations such as longer or more frequent breaks, seating, light duty, a temporary transfer, a modified schedule and time off to recover from childbirth [19][20]
Louisiana Employers with more than 25 employees Reasonable accommodations, no forced leave if another accommodation would work, and written notice of your rights [21][22]
Nebraska Employers with 15+ employees, plus state and local government Accommodations such as more frequent breaks, light duty, a modified schedule and time off to recover from childbirth [23][24]
Nevada Employers with 15+ employees Accommodations, including for lactation, worked out with you in a timely, good-faith process, and no forced leave [25]
New Mexico Employers with 4+ employees, plus state and local government Reasonable accommodations, and no forced leave if another accommodation would work [9]
North Dakota Employers with 1+ employees Reasonable accommodations, unless they cause undue hardship, disrupt normal operations or threaten health or safety [7][26]
South Carolina Employers with 15+ employees Accommodations, including for lactation, such as more frequent breaks, seating, help with lifting, a temporary transfer and schedule changes, plus written notice of your rights [27]
Tennessee Employers with 15+ employees Accommodations such as more frequent breaks, lifting limits or a temporary transfer, and no forced leave [28]
Utah Employers with 15+ employees, plus state and local government Accommodations, including for breastfeeding. Employers can't demand a doctor's note for more restroom, food or water breaks [29][30]
Vermont Employers with 1+ employees Reasonable accommodations under the same standards as disability accommodations, and a posted notice of the law [8][31]
West Virginia Employers with 12+ employees, plus state and local government Reasonable accommodations once you give a written note from your health care provider [32][33]

Other state protections worth knowing:

  • Indiana requires employers with 15 or more employees to respond to a written accommodation request within a reasonable time, and bars retaliation. It doesn't require them to grant it [34].
  • Alaska, Michigan, North Carolina and Texas have accommodation rules that cover only government workers [35][36][37][38].
  • California gives up to 4 months of job-protected pregnancy disability leave at employers with 5 or more employees [39].
  • New Jersey's Family Leave Act now covers employers with 15 or more employees. It gives 12 weeks of job-protected bonding leave in 24 months, after 3 months and 250 hours on the job [40].
  • New York gives private-sector workers 20 hours of paid leave a year for prenatal care [41].
  • Louisiana also guarantees pregnancy leave: 6 weeks for a normal pregnancy and birth, or up to 4 months if you're disabled by it [21]. Tennessee's Parental Leave Act gives up to 4 months at job sites with 100 or more full-time workers [42].
  • Iowa (employers with 4+ employees) requires up to 8 weeks of leave while you're disabled by pregnancy or childbirth, when the employer's own plan doesn't cover it [43]. Montana bars nearly all employers from firing you for pregnancy or refusing a reasonable leave of absence [44][45].
  • Kansas, Ohio and Pennsylvania have rules for employers with 4 or more workers. Kansas and Ohio require employers to treat childbirth as a valid reason for a leave of absence, and Pennsylvania requires leave policies to cover pregnancy and childbirth recovery on the same terms as other temporary disabilities [46][47][48].

State and federal protections can both apply to you, so check both. Your state's page on our paid family leave hub lists its leave and workplace laws, and your state's guide to having a baby covers health coverage and other benefits.

How to ask for a pregnancy accommodation

You don't need special words. EEOC says a brief conversation or an email can start the process [2]. Putting it in writing still helps, because it gives you a dated record.

  1. Name the limitation and the change you need. Be specific about the change, and keep medical detail to what's needed to explain it.
  2. Send it to your manager or HR, whichever your workplace uses for these requests.
  3. Talk it through. Your employer can suggest a different option, but it can't force one on you that wasn't worked out with you [2].
  4. Get the answer in writing, especially a no, and the reason for it.
  5. Keep notes: dates, who you spoke with and what they said.

Sample email:

Hi [name],

I'm pregnant, and I'm asking for an accommodation under the Pregnant Workers Fairness Act. Because of [the limitation, for example "nausea that comes and goes" or "swelling when I stand for long stretches"], I'm asking for [the change, for example "a stool at my station" or "a 10-minute break every two hours"].

I'd like this to start on [date] and expect to need it until [date, or "my leave begins"]. I'm open to talking about other options that would work.

Could you let me know your decision in writing by [date]?

Thanks, [your name]

Need time and a private place to pump after you're back? That's covered by its own law, the PUMP Act. See our guide to pumping at work.

How to file a charge with the EEOC

If your employer refuses a reasonable accommodation, retaliates or treats you worse because of pregnancy, you can file a charge of discrimination.

  • Deadline. Generally 180 calendar days from the discrimination. It extends to 300 days if a state or local agency enforces a law against the same kind of discrimination. Weekends and holidays count [49].
  • Where. File online through the EEOC Public Portal, or call 1-800-669-4000 to talk through your situation. The EEOC doesn't take charges over the phone, but a call can get the process started [50].
  • Before you sue. Under the laws the EEOC enforces, except the Equal Pay Act, you have to file a charge before you can file a discrimination lawsuit [50].
  • After the EEOC. When the EEOC closes its investigation, it gives you a Notice of Right to Sue. From then you have 90 days to file a lawsuit [51].
  • Ongoing harassment. The deadline runs from the last incident [49].

Your state may also have a civil rights agency that enforces its own pregnancy law, which can matter if you work for a small employer. An employment lawyer can tell you whether you have a claim and how strong it is.

Which agency handles what:

Problem Where to go
Fired, demoted or treated worse because of pregnancy EEOC or your state civil rights agency
Accommodation refused EEOC or your state civil rights agency
FMLA leave denied, or job not given back Department of Labor, Wage and Hour Division [16]
No break time or private space to pump Department of Labor, Wage and Hour Division [4]

Planning your time off? Our guides to maternity leave and short-term disability for pregnancy cover how long you can be out and who pays.

Questions people ask

Can you get fired for being pregnant?

Not legally, if your employer has 15 or more employees. The Pregnancy Discrimination Act bars firing, demoting or refusing to hire someone because of pregnancy. Many states extend similar protection to smaller employers.

Does my employer have to give me light duty while I'm pregnant?

Light duty is one of the accommodations the EEOC lists under the Pregnant Workers Fairness Act. An employer with 15 or more employees has to provide a reasonable accommodation unless it causes undue hardship, meaning significant difficulty or expense.

Can my employer force me to go on leave because I'm pregnant?

Not if another reasonable accommodation would let you keep working. The Pregnant Workers Fairness Act bars employers from requiring leave in that situation.

Do I need a doctor's note to get a pregnancy accommodation?

Often not. Under EEOC's rule, your own statement is generally enough when the need is obvious, when you ask for one of the four common changes (water, restroom breaks, sitting or standing, and breaks to eat or drink), or when the request is about pumping.

How long do I have to file a pregnancy discrimination complaint?

Generally 180 calendar days from the discrimination, or 300 days if a state or local agency enforces a law against the same kind of discrimination. Weekends and holidays count, so start early.

Sources

Numbers in brackets in the guide link to these sources.

  1. 1.Pregnancy Discrimination and Pregnancy-Related Disability DiscriminationU.S. Equal Employment Opportunity Commission
  2. 2.What You Should Know About the Pregnant Workers Fairness ActU.S. Equal Employment Opportunity Commission
  3. 3.Fact Sheet #28Q: Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLAU.S. Department of Labor, Wage and Hour Division, 2025
  4. 4.Fact Sheet #73: Break Time for Nursing Mothers under the FLSAU.S. Department of Labor, Wage and Hour Division, 2025
  5. 5.The Pregnancy Discrimination Act of 1978U.S. Equal Employment Opportunity Commission
  6. 6.775 ILCS 5/2-102 (Illinois Human Rights Act, civil rights violations - employment)Illinois General Assembly
  7. 7.N.D.C.C. Chapter 14-02.4, Human Rights (sections 14-02.4-02 and 14-02.4-03)North Dakota Legislative Branch
  8. 8.21 V.S.A. § 495k Accommodations for pregnancy-related conditionsVermont General Assembly
  9. 9.House Bill 25 (2020), amending the Human Rights Act, Sections 28-1-2 and 28-1-7 NMSA 1978 (pregnancy, childbirth or related condition)New Mexico Legislature
  10. 10.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg)U.S. Equal Employment Opportunity Commission
  11. 11.Summary of Key Provisions of EEOC's Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)U.S. Equal Employment Opportunity Commission, 2024
  12. 12.29 CFR 1636.3 Definitions: specific to the PWFALegal Information Institute, Cornell Law School
  13. 13.Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation of Elective AbortionsLittler Mendelson, 2025
  14. 14.Revisions to the Pregnant Workers Fairness Act Regulations (RIN 3046-AB36), Unified Agenda entryOffice of Information and Regulatory Affairs (reginfo.gov), 2025
  15. 15.Fiscal Year 2027 Congressional Budget JustificationU.S. Equal Employment Opportunity Commission, 2026
  16. 16.How to File a ComplaintU.S. Department of Labor, Wage and Hour Division
  17. 17.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025)A Better Balance
  18. 18.775 ILCS 5/2-101 (Illinois Human Rights Act, definitions)Illinois General Assembly
  19. 19.KRS 344.030, Definitions for KRS 344.030 to 344.110 (Kentucky Pregnant Workers Act), eff. June 27, 2019Kentucky General Assembly, Legislative Research Commission
  20. 20.KRS 344.040, Unlawful discrimination by employersKentucky General Assembly, Legislative Research Commission
  21. 21.La. R.S. 23:342, Unlawful practice by employers prohibited; pregnancy, childbirth, or related medical condition; benefits and leaves of absenceLouisiana State Legislature
  22. 22.La. R.S. 23:341, ApplicationLouisiana State Legislature
  23. 23.Neb. Rev. Stat. 48-1102 (Nebraska Fair Employment Practice Act, definitions)Nebraska Legislature
  24. 24.Neb. Rev. Stat. 48-1107.02 (pregnancy and disability discrimination, defined)Nebraska Legislature
  25. 25.NRS Chapter 613 (NRS 613.310, 613.4371, 613.4383; Nevada Pregnant Workers' Fairness Act)Nevada Legislature
  26. 26.HB 1463 (2015): Reasonable accommodations in the workplace for pregnancyNorth Dakota Legislative Branch
  27. 27.S.C. Code Title 1, Chapter 13 (South Carolina Pregnancy Accommodations Act, §§ 1-13-30 and 1-13-80)South Carolina Legislature
  28. 28.Public Chapter No. 745 (2020), Senate Bill 2520: Tennessee Pregnant Workers Fairness ActTennessee Secretary of State
  29. 29.Utah Code § 34A-5-106: Discriminatory or prohibited employment practices (pregnancy accommodation)Utah Legislature
  30. 30.Utah Code § 34A-5-102: Definitions (employer)Utah Legislature
  31. 31.21 V.S.A. § 495d Definitions (Fair Employment Practices)Vermont General Assembly
  32. 32.W. Va. Code § 16B-19-2: Reasonable accommodations related to pregnancyWest Virginia Legislature
  33. 33.W. Va. Code § 16B-17-3: Definitions (employer)West Virginia Legislature
  34. 34.Indiana Code 2026, Title 22 (IC 22-2-14 breast milk expression; IC 22-9-12 pregnancy accommodation requests)Indiana General Assembly
  35. 35.Alaska Statutes AS 39.20.500-39.20.550 (Family Leave Act; employer definition)Alaska State Legislature
  36. 36.Michigan Civil Service Commission Rules (Oct. 1, 2026)Michigan Civil Service Commission
  37. 37.Executive Order No. 82: Promoting Health and Wellness by Clarifying Protections Afforded to Pregnant State Employees (Dec. 6, 2018)Office of the Governor of North Carolina
  38. 38.Texas Local Government Code, Chapter 180 (Sec. 180.004, Working Conditions for Pregnant Employees)Texas Legislature
  39. 39.Leave for Pregnancy Disability and Child Bonding: Quick Reference GuideCalifornia Civil Rights Department
  40. 40.NJ Expands Job-Protected Leave for Workers (effective July 17, 2026)New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance
  41. 41.Paid Prenatal Leave Law: Employee Fact Sheet (P695)New York State Department of Labor
  42. 42.Sample Policy - Pregnancy Leave (CTAS-1121), quoting T.C.A. § 4-21-408, Leave for adoption, pregnancy, childbirth and infant nursingUniversity of Tennessee County Technical Assistance Service (CTAS)
  43. 43.Iowa Code 2026, Section 216.6 (unfair employment practices; pregnancy and childbirth)Iowa Legislature
  44. 44.MCA 49-2-310, Maternity leave -- unlawful acts of employersMontana Legislature
  45. 45.MCA 49-2-311, Reinstatement to job following pregnancy-related leave of absenceMontana Legislature
  46. 46.Kan. Admin. Regs. 21-32-6, Pregnancy and childbirth (Kansas Human Rights Commission rule, republished text)Legal Information Institute, Cornell Law School (official sos.ks.gov copy is behind a human-verification wall)
  47. 47.Ohio Adm.Code 4112-5-05, Sex discrimination (para. (G) Pregnancy and childbirth), eff. April 11, 2023Ohio Laws and Administrative Rules (Legislative Service Commission)
  48. 48.16 Pa. Code § 41.103, Employment benefits and security during disabilityPennsylvania Code & Bulletin (Legislative Reference Bureau)
  49. 49.Time Limits For Filing A ChargeU.S. Equal Employment Opportunity Commission
  50. 50.How to File a Charge of Employment DiscriminationU.S. Equal Employment Opportunity Commission
  51. 51.Filing a LawsuitU.S. Equal Employment Opportunity Commission

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