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Free Employer Packet • Pregnant Workers Fairness Act

PWFA Accommodation Request Packet

Handle pregnancy-related accommodation requests under the Pregnant Workers Fairness Act — quickly, interactively, and in writing.

The Pregnant Workers Fairness Act changed the default. A pregnant employee with a lifting limit, nausea, or a need for extra breaks is entitled to reasonable accommodation — without proving a disability, and in many cases without medical paperwork. The employers getting caught aren't villains; they're managers who responded slowly, demanded a doctor's note for a water bottle, or 'generously' forced leave when a stool would have done.

This packet operationalizes the law: an intake record that starts the clock, the EEOC's presumptively reasonable accommodations checklist, the essential-function temporary-suspension analysis unique to the PWFA, an interactive dialogue log, a forbidden-responses check, and an undue hardship section that must be completed before any denial goes out.

Who should use this decision packet

  • HR teams fielding their first PWFA request
  • Supervisors who just learned of a pregnancy-related limitation
  • Employers updating accommodation processes built for the ADA alone
  • Small employers (15+ employees) newly covered by the PWFA

What it helps prevent

  • PWFA violations from slow, informal, or undocumented responses
  • Forced leave when a reasonable on-the-job accommodation exists
  • Unnecessary medical documentation demands for obvious needs
  • Essential-function fights that ignore the PWFA's temporary-suspension rule
  • Retaliation exposure when accommodation and discipline collide

What’s inside

  • Part 1 — Request Intake
  • Part 2 — Common Accommodation Options
  • Part 3 — Essential Functions Review
  • Part 4 — Interactive Dialogue Record
  • Part 5 — Forbidden Responses Check
  • Part 6 — Undue Hardship Review (only if denying)
  • Part 7 — Decision and Follow-Up

Before you process payroll, terminate, classify, deduct, or respond to a claim, get the decision reviewed.

Faulkner HR Solutions helps Texas employers, nonprofits, municipalities, and growing businesses fix the people systems behind recurring workplace problems. If this resource raised a risk flag, do not guess your way through the next step.

Frequently asked questions

How is the PWFA different from the ADA?
Coverage and defaults. The PWFA covers known limitations related to pregnancy, childbirth, or related conditions — even minor, temporary ones that aren't disabilities. It also allows a qualified employee to have an essential function temporarily suspended, which the ADA does not. The packet's Part 3 walks that unique analysis.
Can we ask for medical documentation?
Only when reasonable — and not for obvious or self-evident needs like water, breaks, or seating. Demanding paperwork for simple requests is itself flagged by the EEOC. The packet marks which accommodations should simply be granted.
Can we put her on leave to be safe?
Not if another reasonable accommodation would let her keep working — forced leave when alternatives exist is one of the PWFA's explicitly prohibited responses. Leave is a last resort, not a protective reflex.
How fast do we need to respond?
The statute doesn't set a number of days, but delay functions as denial — especially for simple requests. The intake record dates the moment the limitation became known, and the dialogue log shows the process moved. For a stool or water access, the right timeline is measured in days, not weeks.
Disclaimer. This resource is provided for general employer education and planning purposes. It is not legal advice and does not create an attorney-client relationship. Employment laws, agency guidance, and local requirements may change. Employers should review the facts of each situation before acting and consult appropriate HR or legal counsel when needed.