New rules for Pregnant Workers Fairness Act include divisive accommodations for abortion

NEW YORK (AP) — Workers are entitled to time off and other job accommodations for abortions — along with pregnancy-related medical conditions like miscarriage, stillbirth and lactation — under the Pregnant Workers Fairness Act, according to finalized federal regulations published Monday.

The regulations provide guidance for employers and workers on how to implement the law, which passed with robust bipartisan Congressional support in December 2022 but sparked controversy last year when the Equal Employment Opportunity Commission included abortions in its draft rules. The language means that workers can ask for time off to obtain an abortion and recover from the procedure.

The EEOC says its decision to keep the abortion provisions in its final rules despite criticism from some conservatives is consistent with its own longstanding interpretation of Title VII, as well as court rulings. The federal agency added that the new law does not obligate employers or employer-sponsored health plans to cover abortion-related costs, and that the type of accommodation that most likely will be sought under the Pregnant Workers Fairness Act regarding an abortion is time off to attend a medical appointment or for recovery, which does not have to be paid.

The act requires most employers with 15 or more employees to provide “reasonable accommodations” for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions — including fertility and infertility treatments in some cases — unless the accommodation will cause the employer an undue hardship. The EEOC’s regulations, which will be used as a framework to enforce the law, will go into effect on June 18.