In a scenario that many employers may face, a dedicated employee, Mary Anne, recently experienced a miscarriage. After taking some time to recover physically and emotionally, Mary Anne returned to work but found that she still needed some accommodations to manage her ongoing health challenges. She approached her employer with a request for a temporary reasonable accommodation, including flexibility in her schedule and some time off for medical appointments. Understandably, her employer was unsure how to proceed and wondered whether this situation falls under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or the Pregnant Workers Fairness Act (PWFA).
The Complexities of Miscarriage and Employment Protections
Miscarriage is a deeply personal and often physically and emotionally challenging experience. It can leave lasting impacts that may require ongoing care and adjustments in the workplace. For employers, understanding the legal obligations under the ADA and PWFA is crucial to providing the appropriate support while ensuring compliance with the law.
Americans with Disabilities Act (ADA)
The ADA is designed to protect employees with disabilities, which includes physical or mental impairments that substantially limit one or more major life activities. In Mary Anne’s case, if her miscarriage resulted in complications or conditions such as depression, anxiety, or a physical impairment that significantly limits her ability to perform essential job functions, she would be covered under the ADA. This means she would be entitled to reasonable accommodations, such as a flexible work schedule, modified duties, or additional time off to manage her health.
Pregnant Workers Fairness Act (PWFA)
The PWFA, which took effect on June 27, 2023, specifically addresses the need for reasonable accommodations related to pregnancy, childbirth, and related medical conditions, including miscarriage. Under the PWFA, Mary Anne’s miscarriage is recognized as a related medical condition, making her eligible for accommodations even if her condition does not meet the ADA’s definition of a disability. The PWFA requires employers to engage in an interactive process with Maria to determine appropriate accommodations that will enable her to continue performing her job without undue hardship on the business.
How Should Employers Respond?
When faced with a request for accommodations following a miscarriage, employers should approach the situation with empathy and a thorough understanding of the relevant laws. The first step is to engage in an interactive process with the employee to discuss their needs and explore potential accommodations. Both the ADA and PWFA require this dialogue to ensure that employees are provided with the necessary support to perform their job duties effectively.
Employers should also consider whether FMLA applies. While FMLA provides up to 12 weeks of unpaid leave for serious health conditions, including pregnancy-related issues, it may not always be necessary if the requested accommodations can be managed through the ADA or PWFA.
Conclusion
Navigating the complexities of miscarriage-related accommodations requires a comprehensive understanding of the ADA, PWFA, and FMLA. Employers must recognize that both the ADA and PWFA can provide protections for employees like Mary Anne, depending on the impact of the miscarriage on their health and ability to work. By engaging in a compassionate and legally informed approach, employers can ensure they are meeting their obligations while supporting their employees during challenging times.
As we continue to build inclusive workplaces, understanding and applying these legal frameworks is key to fostering an environment where all employees feel supported and valued, especially during difficult and sensitive periods in their lives.
If you would like to gain a deeper understanding of the interconnection between these laws, I warmly invite you to join our 2-Day FMLA/ADA/PDA/PWFA Certificate Program.
