Washington Expands Pregnancy Accommodations; Requires Paid Lactation Breaks

The state of Washington has enacted legislation (Senate Bill 5217), which expands pregnancy accommodation requirements and adds paid lactation break requirements. Senate Bill 5217 takes effect on Jan.  1, 2027.

The details 

Background

The Washington Healthy Starts Act (the “Act”) requires an employer with 15 or more employees to provide reasonable accommodations to pregnant employees (absent an undue hardship), such as providing:

• More frequent, longer, or flexible restroom breaks;
  
• Reasonable break time for an employee to express breast milk for two years after a child’s birth when the employee has a need to express the milk;
  
• A private location (other than a bathroom) to express breast milk;
  
• Seating, or allowing an employee to sit more frequently, if their job requires standing;
  
• A temporary transfer to a less-strenuous or less-hazardous position;
• Assistance with manual labor and limits on lifting;
  
• Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices or an employee’s work station;
  
• Scheduling flexibility for prenatal visits; and
  
• Modification of a no food or drink policy.
  

Additionally, an employer must give reasonable consideration (using the Washington Department of Labor and Industries’ pregnancy accommodation information or the employee’s attending health care provider) on additional employee pregnancy accommodation requests.

Senate Bill 5217

• Expands coverage to all employers, including religious or sectarian organizations not organized for private profit.
  
• Requires lactation accommodation breaks, any break time, and any time traveling to a location to express milk, to be paid at the employee's regular rate of compensation.
  

• Prohibits an employer from requiring an employee to use paid leave during their lactation break or travel time (lactation accommodation breaks are in addition to mandatory meal and rest periods).
  
• Expands the requirements for scheduling flexibility for postpartum visits.
  
• Prohibits employers from saying it is an undue hardship to: provide more frequent, longer or more flexible breaks; modify a no food or drink policy; or provide seating or allow an employee to sit more frequently (if the job requires them to stand); or to impose limits on lifting over 17 pounds.
  

Enforcement

The Washington Department of Labor and Industries will take ownership of investigation processes and issuing penalties for employers that are found to have violated the Act. See the text of the law for further details.

Next steps

• Review and update leave, accommodation and break time policies by Jan. 1, 2027.
  
• Train supervisors on the new requirements under the law.