When the federal rule applies (and when state rules go further)
If you have 15 or more employees, federal law requires reasonable workplace adjustments for pregnancy-related limits unless the change would cause real hardship. That covers private and public employers nationwide.
If you have fewer than 15, the federal statute usually does not apply — but several states still cover smaller shops, including California at 5+, Minnesota and Illinois from the first employee, Connecticut at 3+, New York at 4+, and Massachusetts at 6+. Check the state where the employee actually works, not only your headquarters.
The traps that catch people: you generally cannot answer with unpaid leave first when a stool, water, restroom breaks, or a schedule tweak would let the employee keep working; you need a short two-way conversation rather than a one-way reassignment; and you usually may not demand a doctor's note for water, restroom, sit/stand, or meal-and-drink breaks.
What to do this week
- List employees by work state, especially CA, MN, NJ, NY, MA, IL, CT.
- Tell supervisors water, restroom, sit/stand, and short food breaks are default yes.
- Write down every open pregnancy-related request and what you approved.
- Re-open cases where someone was put on leave without a work adjustment first.
- When recovery or bonding leave starts, send the FMLA notice if it applies.
Where small employers get caught
- The cafe lead put on unpaid leave instead of getting a stool and water.
- The warehouse picker moved to nights without anyone asking what she needs.
- The HQ handbook applied to a remote employee in Minnesota.
- The HR form that demands a clinic note for bathroom breaks.
Keep them working when a small change would work
The expensive pattern is treating pregnancy as leave-or-nothing. Document the request, try a temporary adjustment that keeps the person working, and save leave for when work really cannot continue. The paper trail of that conversation is what you need if a charge arrives later.