Your rights at work while pregnant or nursing (U.S.)

Pregnancy should not cost you your job, and needing a stool, extra bathroom breaks, or time to pump should not put you at risk. Several federal laws protect workers who are pregnant, recovering from childbirth, or nursing.^185,191 This guide explains what those laws say, based on information from the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL). It is general information, not legal advice.

What it is

These federal laws are the main ones covered here:

• Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits sex discrimination, including pregnancy discrimination.¹⁸⁵
• The Pregnant Workers Fairness Act (PWFA) requires covered employers to make reasonable accommodations for pregnancy-related limitations.¹⁸⁵
• The PUMP for Nursing Mothers Act (PUMP Act) expanded workers’ rights to break time and a private space to pump breast milk.¹⁹¹
• The Family and Medical Leave Act (FMLA) provides eligible workers job-protected leave, including for pregnancy and the birth of a child.¹⁹³

The Americans with Disabilities Act (ADA) can also apply: pregnancy itself is not a disability under the ADA, but some pregnancy-related conditions, such as diabetes that develops during pregnancy, may qualify.¹⁸⁵

Pregnancy discrimination is illegal

The EEOC says Title VII, as amended by the Pregnancy Discrimination Act, prohibits discrimination based on:¹⁸⁵

• Current, past, or potential pregnancy
• A medical condition related to pregnancy or childbirth, including breastfeeding or lactation
• Having or choosing not to have an abortion
• Birth control (contraception)

This covers all aspects of employment, including hiring, pay, job assignments, promotions, training, benefits, firing, layoffs, and cuts to your hours.¹⁸⁵ It is also unlawful to harass a worker because of pregnancy, childbirth, or a related medical condition.¹⁸⁵ The EEOC says Title VII requires covered employers to treat workers affected by pregnancy the same as others who are similar in their ability or inability to work.¹⁸⁴

The Pregnant Workers Fairness Act

The PWFA went into effect on June 27, 2023, and the EEOC’s final regulation carrying out the law took effect on June 18, 2024.¹⁸⁴ It requires a covered employer to provide a “reasonable accommodation” for a qualified worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an “undue hardship,” meaning significant difficulty or expense.¹⁸⁴

Who is covered

The PWFA applies to private employers and state and local government employers with 15 or more employees.¹⁸⁴ It also applies to Congress, federal agencies, employment agencies, and labor organizations.¹⁸⁴ It protects both employees and job applicants.¹⁸⁴

A “limitation” can be minor or come and go, like morning sickness or migraines.¹⁸⁴ It can also mean needing to protect your health or your pregnancy, such as avoiding certain chemicals, working in the heat, or certain physical tasks like lifting, or needing to attend health care appointments.¹⁸⁴ According to the EEOC, “pregnancy, childbirth, or related medical conditions” include uncomplicated pregnancies, vaginal and cesarean deliveries, miscarriage, postpartum depression, edema, placenta previa, and lactation.¹⁸⁴

You can still be protected if you temporarily can’t do an essential part of your job, as long as you could do it again in the near future and the situation can be reasonably accommodated.¹⁸⁴

Examples of reasonable accommodations

The EEOC lists these examples, and says many others may exist:¹⁸⁴

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom
• Changing food or drink policies to allow a water bottle or food
• A stool to sit on, or a way to work while standing
• A uniform or safety equipment that fits
• Schedule changes, such as shorter hours, part-time work, or a later start time
• Telework
• Temporary reassignment, or temporarily suspending one or more essential job duties
• Leave for health care appointments
• Light duty or help with lifting
• Leave to recover from childbirth or related conditions

The EEOC notes that a worker may need different accommodations at different times during pregnancy or after childbirth.¹⁸⁴

What employers can’t do

Under the PWFA, covered employers must not:¹⁸⁴

• Fail to make a reasonable accommodation, unless it would cause an undue hardship
• Require you to accept an accommodation that wasn’t arrived at by talking with you
• Deny you a job or opportunity because you need an accommodation
• Require you to take leave if another accommodation would let you keep working
• Punish or retaliate against you for asking for or using an accommodation, or for reporting or opposing discrimination

How to ask

The EEOC says to tell your employer that you have a limitation related to pregnancy, childbirth, or a related condition and that you need a change at work.¹⁸⁴ You don’t need to use specific words.¹⁸⁴ The EEOC gives examples such as, “I need more bathroom breaks because of my pregnancy.”¹⁸⁴ Your employer should then talk with you about the limitation and the change you need, which the EEOC calls the “interactive process,” and should respond promptly.¹⁸⁴

In many cases, the EEOC says, a conversation is enough and no doctor’s note is needed.¹⁸⁴ The EEOC says asking for documentation is not reasonable when the need is obvious, when you’re pregnant and need breaks to use the bathroom, eat, or drink, or when you need changes to pump or nurse at work, among other situations.¹⁸⁴ An employer may not require you to be examined by a health care provider it chooses, and medical information must be kept confidential.¹⁸⁴

The Job Accommodation Network (JAN), which the EEOC describes as a free, expert, confidential service, can help workers and employers identify possible accommodations.¹⁸⁴

Break time and space to pump

Under the Fair Labor Standards Act, as expanded by the PUMP Act, most nursing employees have the right to reasonable break time and a private place to pump breast milk for up to one year after their child’s birth.¹⁹² The PUMP Act became law on December 29, 2022, and extended these rights to more workers, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers.¹⁹¹

• Breaks: you can take a break each time you need to pump, and an employer may not deny a needed break.¹⁹²
• Space: the place must be shielded from view, free from intrusion by coworkers and the public, and cannot be a bathroom, even a private one.¹⁹²
• Pay: you must either be completely relieved from duty during pumping breaks or be paid for that time, and if your employer offers paid breaks, you must be paid the same way when you use them to pump.¹⁹²
• Remote work: workers who telework have the same right to pump breaks, and must be free from observation by employer-provided or required cameras and video systems.¹⁹²

There are exceptions. Employers with fewer than 50 employees are not subject to these requirements if complying would cause an undue hardship, and airline crewmembers are exempt.¹⁹² It is illegal for an employer to retaliate against you for filing a complaint.¹⁹²

Family and medical leave (FMLA)

The FMLA gives eligible employees up to 12 workweeks of job-protected leave for reasons including the birth of a child and bonding with the child.¹⁹³ Your employer must keep your group health benefits going on the same terms, and you must be returned to the same or a virtually identical job.¹⁹³ FMLA leave may be unpaid, or it may run at the same time as paid leave from your employer.¹⁹³

You are eligible if you have worked for a covered employer for at least 12 months, have at least 1,250 hours of service in the 12 months before leave, and work at a location where the employer has at least 50 employees within 75 miles.¹⁹³ Covered employers include private employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year, as well as public agencies and schools regardless of size.¹⁹³

For pregnancy, the DOL says FMLA leave can cover any period of incapacity due to pregnancy or for prenatal care, such as severe morning sickness or bed rest, even without treatment from a health care provider during the absence and even if the absence lasts three days or less.¹⁹⁴ Bonding leave can be used during the 12 months after birth, and both mothers and fathers have the same right to it.¹⁹³ Generally, you must give at least 30 days’ notice and follow your employer’s policy for requesting leave; if that isn’t possible, such as in a medical emergency, you must give notice as soon as practicable.¹⁹³

What the research shows

Many workers are using these protections to file complaints. Workers filed 3,448 charges under the Pregnant Workers Fairness Act with the U.S. Equal Employment Opportunity Commission in fiscal year 2025, up from 2,729 in fiscal year 2024.¹⁸⁹ The U.S. Equal Employment Opportunity Commission received 3,183 pregnancy discrimination charges under Title VII in fiscal year 2025, up from 2,132 in fiscal year 2024.¹⁹⁰ The U.S. Equal Employment Opportunity Commission secured $18.35 million for workers through Pregnant Workers Fairness Act charges in fiscal year 2025, not counting money obtained through lawsuits.¹⁸⁹

These counts include only charges filed with the EEOC, not those filed with state or local agencies.^189,190

State laws may protect you more

The EEOC says the PWFA does not replace federal, state, or local laws that are more protective of workers. More than 30 U.S. states and cities have laws that require employers to provide accommodations for pregnant workers.¹⁸⁴ The EEOC also says some state laws provide additional protections, including unpaid and paid job-protected leave and additional lactation rights.¹⁸⁵ The DOL says the federal pumping law does not override state or local laws that give employees greater protections.¹⁹²

What we don’t know yet

The PWFA is new, and the EEOC’s PWFA charge table covers only fiscal years 2024 and 2025.¹⁸⁹ A charge is a signed statement asserting that an employer discriminated, so charge counts show how many people filed, not how many experienced discrimination or were denied accommodations.¹⁸⁷ The EEOC also notes that a charge filed under more than one law is counted under each, so the tables can’t simply be added together.¹⁸⁹ We did not find a federal source that estimates how many workers need pregnancy accommodations or how many are turned down.

What you can do

• Ask for what you need. Tell your employer about your limitation and the change you need; the EEOC says a brief conversation or email is often enough.¹⁸⁴
• Write down what happened and when. If you file a charge by letter, the EEOC asks for a short description of the actions you believe were discriminatory and when they took place.¹⁸⁷
• Know your deadline. In general, you must file a charge with the EEOC within 180 calendar days of the discrimination, extended to 300 days if a state or local agency enforces a similar law.¹⁸⁶ Using an internal complaint process generally does not pause that deadline.¹⁸⁶ Federal employees generally must contact an agency EEO counselor within 45 days.¹⁸⁶
• Contact the EEOC. Start with the EEOC Public Portal or call 1-800-669-4000.¹⁸⁷ Deaf and hard of hearing callers can use TTY at 1-800-669-6820 or ASL video phone at 1-844-234-5122, and you can email [email protected].¹⁸⁸ The EEOC does not take charges over the phone, but you can start the process that way.¹⁸⁷ If your deadline is close, the EEOC says to call and ask for an immediate interview.¹⁸⁷
• For pumping or FMLA problems, contact the DOL’s Wage and Hour Division, which enforces both laws, at 1-866-487-9243 (1-866-4US-WAGE).^185,192
• Check your state’s laws, which may offer more protection than federal law.¹⁸⁵

This article summarizes published research and official health information. It has not been reviewed by a clinician and is not medical advice. How we source.