Congratulations on your new addition!

The below information is provided to help you navigate WSU provision(s) for pregnancy and parental related leaves and accommodations that may be available to you.

Pregnancy Workers Fairness Act (PWFA)

Did you know that under both Washington state and effective June 28, 2023, under Federal law, pregnant worker have Pregnancy Accommodations rights. See below and reach out to HRS Disability Services with questions.

On This Page

Family Medical Leave
Pregnancy Accommodations
Foster Parent Shared Leave Pool
Additional WSU Resources


Family Medical Leave

Overview and Entitlements
Eligibility
Use of Accrued Leave
To Apply
Resources

Overview and Entitlements

Pursuant to the Family Medical Leave Act (FMLA) of 1993 employees may be eligible for up to 12 weeks of unpaid, job-protected leave in a 12-month rolling year when the leave is taken for purposes of:

  • Incapacity due to pregnancy, prenatal medical care or child birth
  • To care for the employee’s child after birth, or placement for adoption or foster care;
  • To care for the employee’s spouse, son, daughter or parent, who has a serious health condition;
  • A serious health condition that makes the employee unable to perform the employee’s job
  • Any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status

Eligibility

An eligible employee will need to have worked for the State of Washington for at least 12 months and worked at least 1,250 hours in the 12 months immediately preceding their period of leave.

Not Eligible for FMLA? See:

Use of Accrued Leave

FMLA may be taken as paid or unpaid leave, upon the discretion of the employee and as identified in WSU policies.  Employer paid medical benefits will remain effective during the FMLA period as long as the monthly premiums are paid. An employee may move in and out of pay status while on FMLA.

Leave Limitations for Spouses of the Same Employer

Eligible spouses who are both WSU employees and eligible for FMLA are limited to a combined total of 12 work weeks of family leave for the following reasons:

  • Birth of the employees’ child and care of the newborn child
  • For adoption or foster care placement
  • Or for the care of a parent with a serious health condition

To Apply

Beginning December 16, 2020, to apply for FMLA leave, request a Leave of Absence in Workday. See Workday Knowledge base reference guide Employee Request a Leave of Absence. The health care provider continues to complete the Health Care Provider Statement.

Please note, in some circumstances WSU cannot allow an employee to return to work from a period of medical leave without the release of their Health Care Provider. Prior to an employee’s return to work they should complete and submit the Work Assessment / Return to Work form available on the forms page.

Resources

Questions? Contact Disability Services.

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Pregnancy Accommodations

Overview and Entitlements
To Apply
Resources

Overview and Entitlements

Under state and federal law employers are required to provide providing specific civil rights protections for pregnant employees. A pregnant employee has the right to the following accommodations:

  • Modifications or adjustments to a job application process;
  • Providing frequent/longer/flexible restroom breaks and breaks to eat/drink, and rest*;
  • Modifying a no food or drink policy;
  • Providing seating or allowing the employee to sit more frequently; and
  • Limiting lifting to 17 pounds or less.

In addition, a pregnant employee may have rights to other workplace accommodation(s), as long as there is no significant difficulty or expense to the employer. These are:

  • Job restructuring, including modifying a work schedule, job reassignment, changing a work station, or providing equipment;
  • Temporary exemption from or temporary transfer to a less strenuous or hazardous position;
  • Flexible hours (due to morning sickness or prenatal visits)*;
  • Access to closer parking**;
  • Appropriately sized uniforms and safety apparel; and
  • Providing any further accommodations the employee may need.

* Please note additional break time or other time away from work may require the employee to take leave, should the time exceed designated meal and rest breaks.

** Regular parking fees will apply.

Postpartum Accommodations

  • Reasonable break time for an employee to express breast milk for two years after the child’s birth and each time the employee has need to express milk.*
  • A private location, other than a bathroom, if a location exists at the place of business or worksite which may be used by the employee to express breast milk.
  • If the business location does not have a space for the employee to express milk, the employer will work with the employee to identify a convenient location and work schedule to accommodate their needs.

* Please note additional break time or other time away from work may require the employee to take leave, should the time exceed designated meal and rest breaks.

To Apply for a Pregnancy Accommodation

It is the employee’s responsibility to inform the supervisor or HRS that they need a reasonable accommodation in order to perform their job functions. To apply for Reasonable Accommodation, an employee may complete the Pregnancy Accommodation Request form found on Disability Services Find a Form page.

*Supporting medical documentation may also be needed. Additionally, the Reasonable Accommodation Medical Release Statement may also be completed by the employee. All forms are available on the forms page. Please return all forms to HRS. The contact information can be found here.

Resources