The U.S. Equal Employment Opportunity Commission (EEOC) recently published final regulations for the Pregnant Workers Fairness Act (PWFA).  While the PWFA took effect in June 2023, these regulations become effective sixty (60) days from April 19, 2024.

Under the PWFA, employers with fifteen (15) or more employees must provide workplace accommodations for conditions related to pregnancy, childbirth, or related medical conditions unless it imposes an undue hardship on the company, similar to accommodation requirements under the Americans with Disabilities Act (ADA).  These regulations have garnered publicity for several reasons, including expressly classifying abortions as a medical condition related to pregnancy and childbirth that may warrant workplace accommodations, such as time off for appointments and recovery.  The EEOC published helpful FAQs, “What You Should Know About the Pregnant Workers Fairness Act”, on its website with additional information.

Although PWFA is a significant new federal law, Hawaii employers should keep in mind that Hawaii previously enacted its own pregnancy related laws and regulations, which apply to all employers in the state of Hawaii, even those with just one employee.  Under Hawaii regulations, all employers must “make every reasonable accommodation to the needs of the female affected by disability due to and resulting from pregnancy, childbirth, or related medical conditions.” Hawaii Administrative Rule § 12-46-107(c).  If employees are completely unable to work due to pregnancy, childbirth or related medical conditions, even if provided with accommodations, then those employees must be provided with protected leave for a “reasonable period of time” that is “determined by the employee’s physician, with regard for the employee’s physical condition and the job requirements.” Hawaii Administrative Rule § 12-46-108(a).

HEC members may contact their HR Consultant with any questions regarding workplace accommodations related to an employee’s pregnancy, childbirth, or related medical conditions.