Pregnancy accommodations and pumping breaks

Responding to pregnancy and nursing requests

When an employee asks for a pregnancy-related adjustment or time to express milk, begin by understanding what would help. Water access or additional restroom breaks can often be arranged promptly. Schedule changes or modified duties may need a closer conversation. Four responsibilities guide your response.

1. Provide reasonable accommodations. Under the PWFA, covered employers must reasonably accommodate the known limitations of employees and applicants related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship. An employee can describe what they need in ordinary language.
2. Respond promptly to common requests. These include water access, additional restroom breaks, the option to sit or stand, and breaks to eat or drink. The EEOC generally presumes these adjustments are reasonable, and supporting medical documentation is not required.
3. Request documentation only when permitted, and explore ways the employee can continue working. An employer may not seek supporting documentation when the limitation and need are obvious and confirmed by the employee, when the employer already has enough information, for the four common adjustments, or for requests for time or space to pump or nurse. It also may not force an employee onto leave when a reasonable accommodation would let them keep working.
4. Provide pumping breaks and private space. Under the PUMP Act, nursing employees receive reasonable break time and a functional space shielded from view and free from intrusion. The space must be separate from a bathroom. These protections generally continue for up to one year after childbirth.

Employer coverage under each law

The PWFA covers employers with 15 or more employees, matching the general employee threshold under Title VII and the Americans with Disabilities Act. The PUMP Act covers a broader group of employers. As part of the Fair Labor Standards Act, it reaches nearly all employers, with exceptions for airline crewmembers and certain rail and motorcoach employees. Employers with fewer than 50 employees may also qualify for a limited undue-hardship exemption, based on the difficulty or expense of compliance in relation to their size and resources. An employer with fewer than 15 employees may still have pumping break and private-space obligations under the PUMP Act, even when the PWFA does not apply. A single request may involve protections under the PWFA, ADA, Title VII, or other applicable laws.

Choosing accommodations and assessing undue hardship

An accommodation might involve a schedule change, modified duties, a different workspace, or additional breaks.

The EEOC's examples include schedule changes for morning sickness or recovery, light duty or lifting adjustments, additional rest breaks, a chair or stool, time and space to pump or nurse, and leave to recover from childbirth.

In some circumstances, an accommodation may temporarily suspend an essential job function while the employee is unable to perform it. Employees can explain their needs in ordinary language, including limitations that are temporary or less severe.

Talk with the employee about effective options. When more than one accommodation would work, the employer may choose among them.

An employer may establish undue hardship when an accommodation would cause significant difficulty or expense in relation to its size, resources, and operations.

Begin discussing accommodations as soon as the employee raises the need. An unnecessary delay may violate the PWFA, even if the accommodation is eventually approved.

Consider schedule changes, modified duties, and other effective accommodations that allow the employee to continue working. When a reasonable accommodation allows an employee to keep working, provide that option rather than requiring leave.

Documentation and private pumping space

For many common adjustments, a conversation and the employee's explanation are enough to move forward. The EEOC identifies five situations in which an employer may not request supporting documentation: the limitation and need are obvious and the employee confirms them; the employer already has sufficient information; the employee requests one of the four common adjustments; the employee requests time or space to pump or nurse during work; or the employer provides the same accommodation to others without requiring documentation. When documentation is appropriate, request only the information needed to understand the limitation and the accommodation. For pumping arrangements, provide reasonable break time each time the employee needs to express milk. The space must be functional, shielded from view, free from intrusion, and separate from a bathroom. Pay for pumping breaks when the employee continues working or uses an otherwise paid break. Other pumping breaks may be unpaid under federal law. Record the request and agreed arrangement. Keep medical information confidential and separate from personnel records.

PWFA court proceedings

Federal courts have considered challenges to specific provisions of the EEOC's PWFA regulation and how the law was enacted. Employers should continue evaluating pregnancy-related accommodation requests under the requirements that apply to them. One federal court set aside the portion of the EEOC regulation addressing purely elective abortion. Separate orders limited enforcement of abortion-related provisions for certain employers and jurisdictions. Another case challenges the PWFA's enactment. In August 2025, a Fifth Circuit panel upheld the PWFA's enactment. The panel rejected the argument that pandemic-era proxy voting violated the Constitution's quorum rule. The full court vacated that panel decision in January 2026 and heard the case on 12 May 2026. A decision was pending as of October 2026. Requests for water access, breaks, seating, schedule changes, light duty, and pumping arrangements still need to be evaluated under the applicable requirements. Involve qualified employment counsel when a request is contested, a denial is being considered, or an undue-hardship decision is complex.

Responding to an employee request

• Arrange common adjustments promptly. Provide water access, additional restroom breaks, and seating based on the employee's request.
• Consider ways the employee can continue working, including schedule changes, modified duties, and other effective accommodations. The PWFA bars requiring leave when a reasonable accommodation would let the employee keep working.
• Confirm the arrangement. Discuss the employee's needs, agree on next steps, and document the decision.
• Arrange private pumping space. Provide a functional space protected from view and interruption, separate from a bathroom, for the applicable one-year period.