Transcript
[The Congressional Accountability Act: Pregnant Workers Fairness Act & the Federal Employee Paid Leave Act]
Christopher: Legislative branch employees who are giving birth, uh, adopting or receiving a child from foster care for the first time should be aware of two provisions: the Pregnant Workers Fairness Act and the Federal Employee Paid Leave Act.
Rosario: The Pregnant Workers Fairness Act, or the PWFA, applies certain rights and protections to legislative branch employees. Under the PWFA, employing offices are required to provide reasonable accommodations to a covered employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employing office an undue hardship.
Samantha: I had tried so hard to have a baby. I was super excited to find out that I was pregnant. Unfortunately, my doctors told me I was a high-risk pregnancy and that I should be on bed rest for my last trimester. My manager just assumed I would have to take leave and asked me to transition all my projects to coworkers. I said, “I’m having a baby, not going into a coma. Can’t we work out a way for me to keep working?”
Emmett: Samantha’s supervisor should have engaged in what’s known as the interactive process with her to figure out what reasonable accommodations would help her to perform the essential functions of her job while on bedrest.
Rosario: Just as with the interactive process for reasonable accommodations under the ADA, this is a two-way formal conversation with the goal of working together to come up with a reasonable accommodation.
Christopher: It’s important to note that Samantha’s employing office can’t force an accommodation on her without discussion.
Samantha: Then they started saying that maybe it would be better for everybody if I just resigned since I needed to be on bed rest for that long.
Rosario: Under the PWFA, Samantha is protected from reprisals and cannot be denied opportunities or otherwise retaliated against because she has exercised her rights under the PWFA.
Samantha: We finally sorted out an accommodation that worked for me and for my office. I got a lot done those last three months. But then I had a baby and I was ready for a break.
Emmett: After giving birth, Samantha was eligible for 12 weeks of paid leave through the Federal Employee Paid Leave Act, or FEPLA.
Samantha: After three months of bedrest, I was so relieved to have a healthy baby girl. I really needed time to recover and to get to know her.
Rosario: The Federal Employee Paid Leave Act applies to both mothers and fathers. Each can take up to 12 weeks of paid parental leave within the first year after the birth of a child or for the placement of a child with an employee for adoption or foster care.
Dennis: We had been trying to adopt for years. The process was stressful. When we finally learned that Sammy was coming into our lives, my coworkers threw us a baby shower. All the clothes were for a three-year-old. It was perfect. So, I was really shocked when I approached my manager about taking paternity leave. Her response was, “Wait a minute, you’re just adopting. What do you need paternity leave for?”
Emmett: FEPLA applies when a child is adopted or a foster child is first placed in an employee’s home as well. Eligible employees can take the paid leave all at once or spread it out over a 12-month period.
Christopher: And with the Pregnant Workers Fairness Act and the Federal Employee Paid Leave Act, expectant mothers and new parents can take time to be with their children and not worry about their pay or their job security.
Narrator: The Office of Workplace Rights works to help ensure that the legislative branch is free of discrimination and harassment, safety and health hazards, accessibility barriers, and employment and labor violations. If you have questions or concerns about the Pregnant Workers Fairness Act, the Federal Employee Paid Leave Act, or any of your rights under the CAA, reach out to the Office of Congressional Workplace Rights.
[Music]