Pregnancy accommodations for faculty and staff
The Office of Equal Opportunity (OEO) administers accommodations for WSU faculty and staff. OEO and WSU provide reasonable accommodations to all faculty and staff who require them while they are pregnant, and up to 12 months after they have given birth. WSU will also provide accommodations to applicants for employment who seek accommodation in the job application process due to pregnancy-related limitations.
Two pieces of legislation expanding federal protections for both pregnant and nursing workers were signed into law in December 2022: The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, and the Pregnant Workers Fairness Act (PWFA). The protection in each of these laws apply to both exempt and non-exempt workers. They are described as follows:
- Pregnant Workers Fairness Act (PWFA) - requires employers to provide reasonable accommodations to address worker's known physical or mental limitations due to pregnancy, childbirth, and related conditions. The PWFA's accommodation provisions are based on the American with Disabilities Act (ADA). However, while the ADA covers employees with "disabilities", the PWFA protects employees with "known limitations" related to pregnancy, childbirth, and related conditions. Also, unlike the ADA, an employer may temporarily have to eliminate an essential job function under the PWFA if requested and after the interactive process with the Office of Equal Opportunity (OEO) when the removal of the essential job function is temporary, the essential function can be performed again in the near future, and the inability to perform the function can be reasonably accommodated. The PWFA became effective on June 27, 2023.
- Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act - expands protections for employees who are nursing and requires employers to provide the following:
- Reasonable break time for nursing employees to pump breast milk during the workday. Lactation breaks for non-exempt employees may be unpaid, except:
- If the nursing employee is not completely relieved from duty;
- if the employee's co-workers are paid for similar breaks; or
- when breast milk is expressed during paid breaks. Exempt employees must be paid their full weekly salary, regardless of whether they take breaks to express breast milk.
- A private place, other than a restroom, that nursing workers may use to express breast milk. Wayne State currently has several lactation spaces available across campus. In some circumstances, a private office with a locking door may also be appropriate. These protections are available to employees for up to one year following the birth of an employee's child.
- Reasonable break time for nursing employees to pump breast milk during the workday. Lactation breaks for non-exempt employees may be unpaid, except:
Reasonable pregnancy accommodations
A reasonable accommodation is any adjustment to a job, work environment, work policy or practice that would help a person with a pregnancy and does not cause an undue hardship to the University. OEO can help provide people with accommodations for their pregnancy in order to help them:
- Apply for a job
- Perform their job duties
- Enjoy equal benefits and privileges of employment
Common accommodations
Some common accommodations allowed under the PUMP Act and the PWFA include:
- Extra breaks in order to express breast milk
- Flexible work arrangements
- Workspace/office adjustments
- Furniture accommodations
- Appropriately sized unifroms and safety apparel
- Exemptions from strenuous activities
- Leave time to recover from childbirth
How to request an accommodation
If you are a pregnant person that requires a reasonable accommodation, please submit your request here:
Request for Reasonable Pregnancy Accommodation
If you have any questions, please contact the Office of Equal Opportunity at oeo@wayne.edu ot cal (313) 577-2280.