Workplace issues

Pregnancy-related protections

The Pregnancy Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) requires the Postal Service to provide reasonable accommodations to known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

Examples of possible reasonable accommodations include:

• The ability to sit or drink water;
• Receive closer parking;
• Have flexible hours;
• Receive appropriately sized uniforms and safety apparel;
• Receive additional break time to use the bathroom, eat, and rest;
• Take leave or time off to recover from childbirth;
• Be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

Additionally, under the PWFA, the Postal Service may not:

• Require an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• Deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation;
• Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or
• Interfere with any individual’s rights under the PWFA.

For more information, see the EEOC What You Should Know About the Pregnant Workers Fairness Act.

Family and Medical Leave Act (FMLA)

FMLA protected leave can be used for a new child in the family or for serious health conditions which arise. FMLA guarantees eligible letter carriers up to 12 weeks of leave each postal year for:

• A new child in the family—by birth, by adoption or by placement in foster care;
• Caring for a family member with a serious health condition;
• The employee's own serious health condition that prevents him or her from performing the job, or
• Qualifying exigencies arising out of the fact that employee’s family member is on or has been notified of “covered active duty” in the Armed Forces.

The FMLA guarantees time off, whether paid or unpaid. The type of leave taken depends on the reasons for the leave and the usual postal leave regulations. There are eligibility criteria, medical certification guidelines and other detailed rules governing letter carrier rights to FMLA leave.

Learn more about FMLA.

Protections to Pump at Work

Under the Fair Labor Standards Act, most employees have the right to take reasonable break time to express breast milk for their nursing child. For one year after the child’s birth, covered employees may take reasonable break time “each time such employee has need to express the milk.” An employer may not deny a covered employee a needed break to pump.

Employees must be provided with a private location, other than a bathroom, which is free from intrusion.

Under the FLSA, when an employee is using break time at work to express breast milk they either:

• Must be completely relieved from duty; or
• Must be paid for the break time.

Employees that utilize their paid breaks to pump breast milk must be compensated for the break time as normal.

Read more about these FLSA protections.

Resources

EEOC – What You Should Know About the Pregnant Workers Fairness Act
DOL – FLSA Protections to Pump at Work
USPS – Policy on Accommodation of Pregnant and Nursing Workers
DOL – WHD 1088 Employee Rights Under the Fair Labor Standards Act