Train Managers as PUMP Act Enforcement and PWFA Effective Dates Approach
Managers need to know what to do if an employee alleges that their employer isn't complying with the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act or if an employee seeks an accommodation under the Pregnant Workers Fairness Act (PWFA). The PUMP Act gives employers a 10-day "cure period," which they shouldn't squander. And the PWFA's requirements, although similar to the Americans with Disabilities Act's (ADA's), differ.
The PUMP Act largely took effect Dec. 29, 2022, but changes to remedies will take effect April 28. The PWFA takes effect June 27.
"Given the PWFA's lower standard of a known limitation, as compared to the ADA definition of disability, if an employee is considered disabled under the ADA due to a pregnancy-related condition, they would almost certainly be covered under the PWFA, but all employees covered under the PWFA will not be covered by the ADA," said Stephanie Kaplan and Julia Riskowitz, attorneys with Blank Rome in Philadelphia, in an e-mail.
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"Train Managers as PUMP Act Enforcement and PWFA Effective Dates Approach," by Allen Smith, J.D. was published in SHRM on March 29, 2023.