According to the final rule released Monday, U.S. workers who have an abortion must be given accommodations such as vacation time and flexible breaks under the Pregnant Worker Fairness Act (PWFA).
The Equal Employment Opportunity Commission (EEOC) said in its regulations that employers must provide similar accommodations to workers with “limitations related to pregnancy, childbirth, or related medical conditions.”
This means that if an employee requests time off to recover from an abortion, the employer must grant it.
The agency said if an employee requests a “reasonable accommodation,” the employer does not need to ask for supporting documentation and should only do so if it is reasonable under the circumstances.
The EEOC is responsible for enforcing this law, which was passed in late 2022 with overwhelming bipartisan support. The agency came under fire from some Republicans and other conservatives for including abortion in last year’s draft language. The final rule does not change that provision.
The PWFA requires employers to provide “reasonable accommodations” to workers with limitations related to “pregnancy, childbirth, or related medical conditions,” unless it creates an undue hardship for the employer. ing. This rule applies only to employers with 15 or more employees.
Sen. Patty Murray (D-Wash.) said the final rule “accurately and comprehensively captures pregnancy and related medical conditions and ensures that the law provides protection to more women who need it.” It is guaranteed.”
The EEOC explained in its rule that the law is an anti-discrimination law in the workplace and does not affect whether or under what circumstances abortions are permitted.
The law “does not require employees to obtain or refrain from obtaining abortions, does not require taxpayers to pay for abortions, and does not compel health care providers to provide abortions.” “PWFA also cannot be used to require employer-sponsored health insurance to pay for or cover certain items, procedures, or treatments, including abortion,” the agency said.
The agency said it received about 100,000 public comments on the rule, with about half asking commissioners to exclude abortion from the scope.
The EEOC announced that it received 54,000 comments asking the commission to exclude abortion from the definition of pregnancy-related medical conditions, but also received 40,000 comments supporting its inclusion.
The type of accommodation most likely to be requested under the Pregnant Worker Fairness Act regarding abortions is medical and recuperative time off, which does not require payment.
The agency noted that very few employers have actually faced a situation where an employee explicitly requests leave for an abortion. However, all accommodations are still subject to applicable exceptions and defenses, including those based on religion and “undue hardship.”
Still, Republican lawmakers and anti-abortion activists criticized the EEOC for including abortion in the final rule.
“Abortion is not a medical condition related to pregnancy. Quite the contrary,” said Rep. Virginia Foxx, RN.C., chair of the House Education and Labor Committee, in a statement. “The PWFA does not apply to abortion. The term ‘abortion’ is never mentioned in the law. Instead of following the intent of Congress, the Biden administration is using the regulatory process to advance radical policy goals. ”
PWFA’s lead Republican co-sponsor, Sen. Bill Cassidy (R-Louisiana), said the administration’s inclusion of abortion as a condition of the law “defies common sense.”
“The Biden administration must enforce the laws passed by Congress, not the way Congress wishes it had been passed. The decision to ignore the legislative process to advance a political agenda is shocking and illegal. ,” Cassidy said in a statement.
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