Latest news with #PWFA
Forbes
4 days ago
- Health
- Forbes
Navigating Leave Of Absence Management With Communication And Creative Problem Solving
Seth Turner is the Founder and Senior Advisor of AbsenceSoft. Leave of absence policies haven't kept up with how people live, work and manage their health today. Leave, the ADA and PWFA are still treated as separate tracks, managed by different teams with distinct rules. But employees' lives don't fall into neat categories. Someone recovering from surgery, managing a chronic illness or navigating pregnancy complications might qualify under more than one regulation. That's why I've started challenging the way we think about leave, especially intermittent leave. Not from a legal perspective, but from a human one. In my experience, even a single thoughtful conversation can make a dramatic difference. This isn't about skirting compliance or questioning medical certifications. It's about creating space for solutions that support the employee and the business. We don't need to rewrite regulations. What we need is a mindset shift—borrowing the intent behind the ADA's interactive process and applying it more broadly. When we do, we often reduce disruption, preserve productivity and help employees return faster, more supported and more engaged. Historically, leave has often carried a layer of mistrust. There's a persistent, if unspoken, assumption among some managers that leave, especially intermittent leave, is being misused and abused. We've all heard the stereotypes: the Monday–Friday pattern, the employee spotted at a baseball game while on leave, the school field trip chaperone. But these stories ignore the bigger truth. Just because someone is on leave doesn't mean they're confined to their couch. If a person can't lift 50 pounds overhead, that doesn't mean they can't sit outside and enjoy the sun. Healing doesn't look the same for everyone. Still, these anecdotes feed skepticism. The moment someone asks for leave, they can go from being a valued contributor to a perceived liability. That shift is outdated and, frankly, it's harmful. It undermines trust at the exact moment when support is needed most. Fortunately, that mindset is beginning to shift. A newer generation of managers is approaching leave with empathy and openness. They're asking, 'What do you need to make this work?' That shift from adversarial to collaborative is essential for modern organizations. But it takes intentional modeling and cultural change to get there. The ADA's interactive process is rooted in purposeful communication. It's a structured dialogue between the employer and the employee to explore potential accommodations that allow someone to stay at work or return safely. And while it's required by law in certain scenarios, the spirit behind it—curiosity, collaboration and flexibility—has far wider applications. I'm not suggesting ADA rules be applied to every leave case. It's more of a mindset of taking the interactive communication from one law and applying it to leave in a way that helps you talk to people. Too often, leave becomes transactional: a request is submitted, a certification is returned and the conversation ends. But what if we simply asked, 'What do you actually need?' Maybe it's an hour a week for physical therapy. Maybe it's avoiding a triggering meeting. Maybe it's a temporary shift in hours. When we open that door, we often find solutions that work better for everyone, without compromising compliance. The way an organization handles leave has direct consequences on retention, motivation, and return-to-work outcomes. According to recent data: • 36% of employees who had a negative leave experience started job hunting. • 14% ended up quitting. • On the flip side, 55% of employees who had a good leave experience returned feeling more motivated. • 68% of those who had a positive accommodation experience said they felt valued by their employer. These aren't just operational outcomes. They're cultural ones. When people feel supported during vulnerable moments, they're more likely to re-engage and stay longer. If you engage with employees the right way, you can get them back more quickly and more committed. In a market where retention is critical, we can't afford to overlook the power of these moments. For communication to work, HR and managers need to be aligned. HR sets the strategy and ensures compliance. But managers are closest to the daily impact and the ones employees turn to first. HR may initiate the process, but managers need to be involved. That's where we see the greatest tension and the greatest opportunity. Managers need training to think in shades of gray, not just black and white. They need to be open to creative solutions: shifting hours, redistributing tasks or adjusting workdays to accommodate needs. These conversations should be fact-based, not diagnosis-based. We're not asking managers to act as doctors, just as collaborative problem-solvers. And it's not one-and-done. Once adjustments are made, they need to be revisited. What worked for someone in January may not work in June. Regular check-ins ensure that accommodations continue to serve the employee and the team. Technology can't replace meaningful conversations, but it can make space for them. When HR teams are overwhelmed by manual processes, they don't have the bandwidth to engage proactively. Automation should handle the repeatable work: form generation, status tracking, reminders and secure messaging. That frees HR professionals to focus on what matters most: talking to people, solving problems and shaping better outcomes. We spend a lot of time and energy trying to boost engagement for the people in the office every day: team-building activities, perks, recognition programs. But what about the people who are out because they're sick, recovering or caring for someone? Why don't we invest that same energy in the ones who are out? Because that's exactly when support matters most. Better communication around leave is a culture builder. When employees feel heard, valued and supported, they're more likely to return, stay longer and contribute with even greater commitment. And the truth is, it doesn't take much. It's a small investment with big, big opportunities. A short conversation. A bit of flexibility. A willingness to ask, 'What do you need?' can change everything. Forbes Human Resources Council is an invitation-only organization for HR executives across all industries. 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Epoch Times
22-05-2025
- Business
- Epoch Times
Judge Strikes Federal Rule Requiring Employers to Accommodate Employee Abortions
A federal rule that required employers to give workers time off and other accommodations for abortions is illegal, a judge ruled on May 21. The Equal Employment Opportunity Commission (EEOC) went beyond a law crafted by Congress—the Pregnant Workers Fairness Act (PWFA)—when it
21-05-2025
- Health
Judge vacates federal rules requiring employers to provide accommodations for abortions
NEW YORK -- A federal judge on Wednesday struck down regulations requiring most U.S. employers to provide workers with time off and other accommodations for abortions. The ruling by U.S. District Judge David Joseph of the Western District of Louisiana was a victory for conservative lawmakers and religious groups who decried the Equal Employment Opportunity Commission's decision to include abortion among pregnancy-related conditions in regulations on how to implement the Pregnant Workers Fairness Act, which passed in December 2022. The EEOC's decision swiftly prompted several lawsuits and eroded what had been strong bipartisan support for the law designed to strengthen the rights of pregnant workers. Joseph, who was appointed by President Donald Trump during his first term, ruled that the EEOC exceeded its authority by including abortion in its regulations. His ruling came in two consolidated lawsuits brought by the attorneys general of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses. Joseph sided with the plaintiffs' argument that if Congress had intended for abortion to be covered by the Pregnant Workers Fairness Act, 'it would have spoken clearly when enacting the statute, particularly given the enormous social, religious, and political importance of the abortion issue in our nation at this time.' "The EEOC has exceeded its statutory authority to implement the PWFA and, in doing so, both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of the Plaintiff States under basic principles of federalism," Joseph wrote. Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of rape that has been reported to law enforcement in Mississippi, and when there is a substantial risk of death or impairment to the patient in continuing the pregnancy and in cases where the fetus has a fatal abnormality in Louisiana. The Pregnant Workers Fairness Act passed with widespread bipartisan support after a decade-long campaign by women's right advocates, who hailed it as a win for low-wage pregnant workers who have routinely been denied accommodations for everything from time off for medical appointments to the ability to sit or stand on the job. The law applies to employers with 15 or more employees. While the Pregnancy Discrimination Act of 1978 prohibits employers from firing pregnant workers, the law did little to guarantee that women would receive accommodations they might need at work. As a result, many women were forced to keep working under unsafe conditions, or were forced to take unpaid leave by employers who refused to accommodate their needs. The Pregnant Workers Workers Act requires employers to provide 'reasonable accommodations' for conditions related to pregnancy and childbirth, from time off for medical appointments to exemption for heavy-lifting, and places the burden on employers to prove 'undue hardships' for denying any requests. But many Republican lawmakers, including Louisiana Sen. Bill Cassidy, who co-sponsored the bill, were furious when the EEOC stated that the law covered abortions. The EEOC's commissioners approved the rules in a 3-2 vote along party lines, with both Republican commissioners voting against it. In his ruling, Joseph vacated the provision of the EEOC regulations that included abortion as a 'related medical condition' of pregnancy and childbirth. However, the rest of the regulations still stand. 'Victory! A federal court has granted Louisiana's request to strike down an EEOC rule requiring employers to accommodate employees' purely elective abortions. This is a win for Louisiana and for life!' Louisiana Attorney General Liz Murrill said in a statement e-mailed to The Associated Press. A Better Balance, the workers advocacy group that spearheaded a decade-long campaign for passage of the law, condemned the ruling. 'This court's decision to deny workers reasonable accommodations for abortion-related needs is part of a broader attack on women's rights and reproductive freedom,' A Better Balance President Inimai Chettiar said in a statement. 'A Better Balance is working around the clock to defend this law that we fought so hard to pass. We won't stand by as these vital protections for women and all pregnant people are undermined,' Chettiar added. Wednesday's ruling comes as the Trump administration has moved to impose tumultuous changes at the EEOC that will almost certainly lead the agency to eventually rewrite the Pregnant Workers Fairness Act regulations. Trump fired two of the EEOC's democratic commissioners before their terms ended, paving the way for him to establish a Republican majority and make major policy changes on how to interpret and enforce the nation's workplace civil rights laws. For now, Trump's move left EEOC without the quorum needed to make key decisions, including rescinding or revising regulations. Trump tapped an assistant U.S. attorney in Florida, Brittany Panuccio, to fill one of the vacancies. If she confirmed by the Senate, the EEOC will regain its quorum. Acting EEOC Chair Andrea Lucas, who voted against the regulations because of the abortion provision, has said she will work to change them.
The Hill
21-05-2025
- Health
- The Hill
Judge vacates federal rules requiring employers to provide accommodations for abortions
NEW YORK (AP) — A federal judge on Wednesday struck down regulations requiring most U.S. employers to provide workers with time off and other accommodations for abortions. The ruling by U.S. District Judge David Joseph of the Western District of Louisiana was a victory for conservative lawmakers and religious groups who decried the Equal Employment Opportunity Commission's decision to include abortion among pregnancy-related conditions in regulations on how to implement the Pregnant Workers Fairness Act, which passed in December 2022. The EEOC's decision swiftly prompted several lawsuits and eroded what had been strong bipartisan support for the law designed to strengthen the rights of pregnant workers. Joseph, who was appointed by President Donald Trump during his first term, ruled that the EEOC exceeded its authority by including abortion in its regulations. His ruling came in two consolidated lawsuits brought by the attorneys general of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses. Joseph sided with the plaintiffs' argument that if Congress had intended for abortion to be covered by the Pregnant Workers Fairness Act, 'it would have spoken clearly when enacting the statute, particularly given the enormous social, religious, and political importance of the abortion issue in our nation at this time.' 'The EEOC has exceeded its statutory authority to implement the PWFA and, in doing so, both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of the Plaintiff States under basic principles of federalism,' Joseph wrote. Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of rape that has been reported to law enforcement in Mississippi, and when there is a substantial risk of death or impairment to the patient in continuing the pregnancy and in cases where the fetus has a fatal abnormality in Louisiana. The Pregnant Workers Fairness Act passed with widespread bipartisan support after a decade-long campaign by women's right advocates, who hailed it as a win for low-wage pregnant workers who have routinely been denied accommodations for everything from time off for medical appointments to the ability to sit or stand on the job. The law applies to employers with 15 or more employees. While the Pregnancy Discrimination Act of 1978 prohibits employers from firing pregnant workers, the law did little to guarantee that women would receive accommodations they might need at work. As a result, many women were forced to keep working under unsafe conditions, or were forced to take unpaid leave by employers who refused to accommodate their needs. The Pregnant Workers Workers Act requires employers to provide 'reasonable accommodations' for conditions related to pregnancy and childbirth, from time off for medical appointments to exemption for heavy-lifting, and places the burden on employers to prove 'undue hardships' for denying any requests. But many Republican lawmakers, including Louisiana Sen. Bill Cassidy, who co-sponsored the bill, were furious when the EEOC stated that the law covered abortions. The EEOC's commissioners approved the rules in a 3-2 vote along party lines, with both Republican commissioners voting against it. In his ruling, Joseph vacated the provision of the EEOC regulations that included abortion as a 'related medical condition' of pregnancy and childbirth. However, the rest of the regulations still stand. 'Victory! A federal court has granted Louisiana's request to strike down an EEOC rule requiring employers to accommodate employees' purely elective abortions. This is a win for Louisiana and for life!' Louisiana Attorney General Liz Murrill said in a statement e-mailed to The Associated Press. A Better Balance, the workers advocacy group that spearheaded a decade-long campaign for passage of the law, condemned the ruling. 'This court's decision to deny workers reasonable accommodations for abortion-related needs is part of a broader attack on women's rights and reproductive freedom,' A Better Balance President Inimai Chettiar said in a statement. 'A Better Balance is working around the clock to defend this law that we fought so hard to pass. We won't stand by as these vital protections for women and all pregnant people are undermined,' Chettiar added. Wednesday's ruling comes as the Trump administration has moved to impose tumultuous changes at the EEOC that will almost certainly lead the agency to eventually rewrite the Pregnant Workers Fairness Act regulations. Trump fired two of the EEOC's democratic commissioners before their terms ended, paving the way for him to establish a Republican majority and make major policy changes on how to interpret and enforce the nation's workplace civil rights laws. For now, Trump's move left EEOC without the quorum needed to make key decisions, including rescinding or revising regulations. Trump tapped an assistant U.S. attorney in Florida, Brittany Panuccio, to fill one of the vacancies. If she confirmed by the Senate, the EEOC will regain its quorum. Acting EEOC Chair Andrea Lucas, who voted against the regulations because of the abortion provision, has said she will work to change them. _______ The Associated Press' women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at
San Francisco Chronicle
21-05-2025
- Health
- San Francisco Chronicle
Judge vacates federal rules requiring employers to provide accommodations for abortions
NEW YORK (AP) — A federal judge on Wednesday struck down regulations requiring most U.S. employers to provide workers with time off and other accommodations for abortions. The ruling by U.S. District Judge David Joseph of the Western District of Louisiana was a victory for conservative lawmakers and religious groups who decried the Equal Employment Opportunity Commission's decision to include abortion among pregnancy-related conditions in regulations on how to implement the Pregnant Workers Fairness Act, which passed in December 2022. The EEOC's decision swiftly prompted several lawsuits and eroded what had been strong bipartisan support for the law designed to strengthen the rights of pregnant workers. Joseph, who was appointed by President Donald Trump during his first term, ruled that the EEOC exceeded its authority by including abortion in its regulations. His ruling came in two consolidated lawsuits brought by the attorneys general of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses. Joseph sided with the plaintiffs' argument that if Congress had intended for abortion to be covered by the Pregnant Workers Fairness Act, 'it would have spoken clearly when enacting the statute, particularly given the enormous social, religious, and political importance of the abortion issue in our nation at this time.' "The EEOC has exceeded its statutory authority to implement the PWFA and, in doing so, both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of the Plaintiff States under basic principles of federalism," Joseph wrote. Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of rape that has been reported to law enforcement in Mississippi, and when there is a substantial risk of death or impairment to the patient in continuing the pregnancy and in cases where the fetus has a fatal abnormality in Louisiana. The Pregnant Workers Fairness Act passed with widespread bipartisan support after a decade-long campaign by women's right advocates, who hailed it as a win for low-wage pregnant workers who have routinely been denied accommodations for everything from time off for medical appointments to the ability to sit or stand on the job. The law applies to employers with 15 or more employees. While the Pregnancy Discrimination Act of 1978 prohibits employers from firing pregnant workers, the law did little to guarantee that women would receive accommodations they might need at work. As a result, many women were forced to keep working under unsafe conditions, or were forced to take unpaid leave by employers who refused to accommodate their needs. The Pregnant Workers Workers Act requires employers to provide 'reasonable accommodations' for conditions related to pregnancy and childbirth, from time off for medical appointments to exemption for heavy-lifting, and places the burden on employers to prove 'undue hardships' for denying any requests. But many Republican lawmakers, including Louisiana Sen. Bill Cassidy, who co-sponsored the bill, were furious when the EEOC stated that the law covered abortions. The EEOC's commissioners approved the rules in a 3-2 vote along party lines, with both Republican commissioners voting against it. In his ruling, Joseph vacated the provision of the EEOC regulations that included abortion as a 'related medical condition' of pregnancy and childbirth. However, the rest of the regulations still stand. 'Victory! A federal court has granted Louisiana's request to strike down an EEOC rule requiring employers to accommodate employees' purely elective abortions. This is a win for Louisiana and for life!' Louisiana Attorney General Liz Murrill said in a statement e-mailed to The Associated Press. A Better Balance, the workers advocacy group that spearheaded a decade-long campaign for passage of the law, condemned the ruling. 'This court's decision to deny workers reasonable accommodations for abortion-related needs is part of a broader attack on women's rights and reproductive freedom,' A Better Balance President Inimai Chettiar said in a statement. 'A Better Balance is working around the clock to defend this law that we fought so hard to pass. We won't stand by as these vital protections for women and all pregnant people are undermined,' Chettiar added. Wednesday's ruling comes as the Trump administration has moved to impose tumultuous changes at the EEOC that will almost certainly lead the agency to eventually rewrite the Pregnant Workers Fairness Act regulations. Trump fired two of the EEOC's democratic commissioners before their terms ended, paving the way for him to establish a Republican majority and make major policy changes on how to interpret and enforce the nation's workplace civil rights laws. For now, Trump's move left EEOC without the quorum needed to make key decisions, including rescinding or revising regulations. Trump tapped an assistant U.S. attorney in Florida, Brittany Panuccio, to fill one of the vacancies. If she confirmed by the Senate, the EEOC will regain its quorum. Acting EEOC Chair Andrea Lucas, who voted against the regulations because of the abortion provision, has said she will work to change them. The Associated Press' women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at
