Am I Entitled to Light Duty Work When I'm Pregnant?

Pregnancy can bring physical challenges that make certain job duties difficult or even unsafe. Many workers wonder whether they have the right to ask their employer for "light-duty" work during pregnancy.

Light-duty typically means temporary reassignment to less strenuous tasks, such as desk work instead of lifting boxes. Whether you're entitled to this accommodation depends on federal law, state law, and your employer's policies.

Federal Protections for Pregnant Workers

Two main federal laws apply when it comes to workplace accommodations for pregnant employees: the Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA).

The Pregnancy Discrimination Act

The PDA is part of Title VII of the Civil Rights Act. It makes it illegal for employers to discriminate against employees because of pregnancy, childbirth, or related medical conditions.

Under the PDA, if an employer provides light-duty work to employees with temporary disabilities (such as a back injury), it must also provide the same type of accommodation to pregnant workers who need it.

The Pregnant Workers Fairness Act

The PWFA, which took effect in June 2023, goes a step further. It requires covered employers (those with 15 or more employees) to provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause an "undue hardship."

Reasonable accommodations can include providing light-duty work, more frequent breaks, or flexible scheduling.

When Employers Must Offer Light-Duty Work

You'll be entitled to light-duty work if your doctor recommends it due to pregnancy-related restrictions and your employer provides light-duty to other employees with temporary restrictions.

You'll also be eligible for light-duty work if your request qualifies as a reasonable accommodation under the PWFA.

Employers are not required to create a brand-new position for you, but they may need to temporarily adjust your duties or reassign you to an existing light-duty position.

Examples of Light-Duty Situations

Warehouse Worker

Maria works in a warehouse where she regularly lifts packages weighing up to 50 pounds. At 24 weeks pregnant, her doctor tells her she should not lift more than 20 pounds. Maria asks her employer for reassignment to light-duty tasks, such as scanning inventory and clerical work.

Because the warehouse already offers light-duty work to employees recovering from on-the-job injuries, Maria's employer must also provide her with light-duty under the PDA and PWFA.

Retail Associate

Jasmine works in a shop and is pregnant with her first child. She develops swelling in her legs and her doctor recommends that she avoid standing for long stretches.

Jasmine asks for a stool so she can sit while working at the register. This is a simple, low-cost adjustment that does not disrupt store operations.

Under the PWFA, her employer must provide this accommodation unless it can prove undue hardship, which is unlikely in this case.

State Laws Might Provide Extra Protection

Many states, including California, New York, and Illinois, go beyond federal law by requiring smaller employers to provide accommodations for pregnancy.

If you live in one of these states, you might have stronger rights than under federal law. State protections often specifically mention light-duty work as a form of accommodation.

What If My Employer Refuses?

If your employer refuses to provide light-duty work when required by law, that may amount to illegal pregnancy discrimination. You can:

• file a complaint with the Equal Employment Opportunity Commission (EEOC), which enforces the PDA and PWFA.
• file a complaint with your state fair employment agency, if your state has additional protections; or
• consider speaking with an employment lawyer about your options.

Next Steps

If you're pregnant and think you need light-duty work, start by talking to your doctor and getting written medical recommendations. Then, submit a request to your employer in writing, clearly explaining your restrictions and suggesting possible accommodations.

If your employer denies your request or you're fired or disciplined after making your request, consider contacting an attorney specializing in employment law.