Pregnancy Accommodations Every New York Employer Must Provide

You told your employer you are pregnant. Instead of working with you on the adjustments you need, they started treating you differently. Fewer assignments. Less flexibility. Maybe even comments about whether you can “handle” the job anymore.

This is not just bad management. In New York, your employer has a legal obligation to provide reasonable pregnancy accommodations at work, and refusing to do so may violate multiple state and federal laws.

At Megan Thomas Law, PLLC, we help employees across New York enforce their right to fair treatment during and after pregnancy. If your employer is denying the accommodations you need, here is what the law requires.

What Are Pregnancy Accommodations at Work?

Pregnancy accommodations are changes to your work environment, schedule, or duties that allow you to keep doing your job safely while pregnant or recovering from childbirth. The goal is straightforward: you should not have to choose between your health and your paycheck.

Under both state and federal law, employers are required to engage in a good-faith process with you to identify accommodations that meet your needs without causing the employer an undue hardship.

Common examples of pregnancy accommodations at work include:

• More frequent bathroom breaks or water breaks.
• A stool or chair for employees who normally stand during their shift.
• Temporary reassignment to lighter duties.
• Modified work schedules for prenatal appointments or medical needs.
• Permission to carry and drink water at a workstation.
• Temporary transfer away from hazardous chemicals or environments.
• Additional break time for pumping breast milk after returning to work.

These are not special favors. They are legal rights.

New York Laws That Require Pregnancy Accommodations

New York employees benefit from overlapping state and federal protections that make pregnancy accommodation a legal requirement, not a suggestion.

• New York State Human Rights Law (NYSHRL). Since 2016, the NYSHRL has explicitly guaranteed pregnant workers the right to reasonable accommodations for pregnancy-related conditions.

This applies to all employers in New York, regardless of size, including businesses with just one employee. Your employer must work with you to find an accommodation that allows you to keep performing the core functions of your job.

• Federal Pregnant Workers Fairness Act (PWFA). The PWFA, which took effect in June 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Under the EEOC’s final rule, certain basic accommodations should be granted with virtually no pushback from employers, including allowing extra bathroom breaks, keeping water nearby, providing seating, and permitting breaks for eating and drinking.

• New York Paid Prenatal Leave Law. As of January 1, 2025, all private employers in New York must provide employees with 20 hours of paid prenatal leave per year to attend prenatal medical appointments. This is a separate benefit from sick leave, and your employer cannot require you to use other leave types first. New York is the first state in the country to mandate paid leave specifically for prenatal care.
• FMLA and New York Paid Family Leave. The FMLA provides up to 12 weeks of unpaid, job-protected leave for pregnancy and bonding with a new child (for eligible employees at companies with 50+ workers). New York PFL provides up to 12 weeks of paid, job-protected leave for bonding, available to employees at virtually all private employers.

What Your Employer Cannot Do When You Request an Accommodation

Some employers respond to accommodation requests by punishing the employee instead of working with them. That is illegal. Here is what your employer cannot do:

• Deny your request without engaging in the interactive process. Under both state and federal law, your employer must have a good-faith conversation with you about your accommodation needs before denying a request.
• Force you onto unpaid leave. If you can perform your job with a reasonable accommodation, your employer cannot require you to stop working or go on leave against your will.
• Retaliate against you. Firing, demoting, cutting hours, or taking any adverse action against you for requesting a pregnancy accommodation is illegal.
• Demand detailed medical information. Your employer can request basic documentation from your healthcare provider, but cannot demand confidential details about your condition. For paid prenatal leave specifically, employers cannot ask about the reasons for your prenatal appointments.
• Make assumptions about your ability to work. Stereotypes about pregnant employees’ capabilities, reliability, or commitment to their jobs are not legitimate grounds for employment decisions.

How to Request a Pregnancy Accommodation

You do not need to use specific legal language. A simple, clear request is enough to trigger your employer’s obligation to work with you.

• Put your request in writing. An email or written note creates a record. Include what accommodation you need, why you need it, and when you need it to start.
• Be specific. Instead of saying “I need help,” say something like, “I need to take two additional 10-minute breaks during my shift because of pregnancy-related nausea.”
• Keep copies of everything. Save your request, your employer’s response, and any follow-up communications. If you have a verbal conversation, send a follow-up email summarizing what was discussed.
• Get a note from your provider if needed. Some accommodations may require a brief note from your healthcare provider confirming your need. However, your employer cannot require a note for basic accommodations like water access or bathroom breaks.

If your employer ignores your request, denies it without explanation, or retaliates against you, talk to an employment attorney right away.

What Happens When Employers Deny Pregnancy Accommodations?

When an employer refuses to provide a reasonable pregnancy accommodation, the consequences can be serious for both the employee and the employer.

For you, a denied accommodation can mean:

• Working in conditions that put your health or your pregnancy at risk
• Being forced to choose between your job and your well-being
• Being pushed onto unpaid leave you did not request
• Being terminated for performance issues that would not exist if the employer had simply provided the accommodation

For your employer, a refusal to accommodate can result in legal liability. Under the NYSHRL, the federal PWFA, and Title VII, employees who are denied reasonable accommodations may be entitled to:

• Back pay
• Emotional distress damages
• Punitive damages (available under New York law since 2019)
• Attorneys’ fees

Employers also face liability when they fail to engage in the interactive process in good faith. If your employer shuts down the conversation rather than working with you to identify a workable solution, that failure itself can support a legal claim.

If you have been denied a pregnancy accommodation or if you were penalized for requesting one, speak with an employment attorney as soon as possible. The earlier you act, the more options you will have.

Talk to Megan Thomas Law About Pregnancy Accommodations at Work

Pregnancy should not be treated as a liability at your job. You are entitled to reasonable accommodations that protect your health and your ability to keep working. If your employer is refusing to accommodate you, retaliating against you for making a request, or pressuring you to leave, you may have a legal claim.

At Megan Thomas Law, we help employees across New York stand up for their rights during and after pregnancy. We know the courage it takes to push back against an employer who is not doing the right thing, and we are here to support you.

Contact us today for a confidential consultation.

*The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.