new federal laws protecting pregnant and breastfeeding employees

Effective June 27, 2023, two new federal laws when into effect protecting pregnant and breastfeeding employees. The university has provided guidance on each of these laws, which has been summarized below, followed by links to the full guidelines and procedures. 

Pregnant Workers Fairness Act (PWFA) 

Read the full guidelines on the HR webpage: Guidelines: Reasonable Accommodation Procedures for Pregnant Employees . 

Qualified employees/applicants have a right to reasonable accommodations for pregnancy, childbirth, and related medical conditions, unless the accommodation would be an "undue hardship." 

An employee or applicant is qualified if: 

• Any inability to perform an essential function is for a temporary period;
• The essential function could be performed in the near future; and
• The inability to perform the essential function can be reasonably accommodated 

Providing accommodations is an interactive process that requires the university to respond promptly and engage in good-faith conversation with the employee and their unit about their needs and reasonable accommodations. 

PWFA Prohibitions 

The Pregnant Workers Fairness Act prohibits employers from:

• Requiring an employee to “accept an accommodation other than any reasonable accommodation arrived at through the interactive process;”
• Denning a job or other employment opportunity to an employee “based on the need” to “make reasonable accommodations;”
• Requiring employees “to take leave, whether paid or unpaid, if another reasonable accommodation can be provided;”
• Taking an “adverse action” in the “terms, conditions, or privileges of employment against” an employee requesting reasonable accommodations;
• Retaliating against an employee for opposing unlawful discrimination under the PWFA, participating in an investigation alleging a violation of the PWFA or interfering with an employee’s rights under the PWFA.

Providing Urgent Maternal Protection (PUMP) Act

Read the full guidelines on the HR webpage: Lactation/Breastfeeding Procedures for Employees. 

For up to one year after the child's birth, an employee who is breastfeeding will be provided reasonable times and locations to express breastmilk. This also applies to remote workers.

Location

• Location must be functional as a space for expressing breast milk (not a bathroom).
• If the space is not dedicated to the nursing employee’s use, it must be available when needed by the employee.
• Temporarily created or converted spaces must be shielded from view and free from any intrusion from co-workers and the public.
• Designated lactation rooms are located across campus. 
• Institutional Space Planning and Management partners with the Work Life Office to maintain a map of lactation rooms at MSU, contact person and hours for each lactation room.

Exempt employees

• May take reasonable break time to express milk.
• The salaries of exempt employees may not be reduced to reflect this break time.

Non-exempt employees

• May take reasonable break time to express milk.
• Breaks of more than 20 minutes in length will be unpaid and recorded on timesheets where appropriate.
• Exception when an employee receives permission to work during the break; in that case, they must be paid.

Contact

Please contact  WorkplaceAccommodations@hr.msu.edu   with questions.