Fact Check: When the Pregnant Workers Fairness Act Applies

15+ employees → federal pregnancy-accommodation duty to keep people working absent real hardship

Private and public employers covered under federal rule

Under 15 → federal statute usually does not apply; CA 5+, MN/IL 1+, CT 3+, NY 4+, MA 6+ can still cover

Check work state, not only headquarters

Cannot answer with unpaid leave first when stool/water/restroom/schedule tweak would keep employee working

Two-way conversation required rather than one-way reassignment

Usually no doctor's note for water, restroom, sit/stand, or meal-and-drink breaks

Action items — count employees, flag high-impact states, supervisor defaults, request log, reopen forced leave, FMLA notice when leave starts

Traps — forced leave for nausea, night-shift reassignment without asking, HQ handbook for MN remote, clinic note for bathroom breaks

Close — document request, try temporary adjustment that keeps person working, save leave for when work cannot continue