Working While Pregnant and After Birth
In Arizona, both federal and state laws, along with various programs, are designed to support pregnant workers and new parents in balancing their professional and family responsibilities. Under Arizona law, you have the right to breastfeed your child in any public or private location.
Pregnancy and Work
Protection Against Pregnancy Discrimination
Pregnancy Discrimination Act (PDA): This federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions, requiring employers to treat such conditions the same as any other temporary medical disability.
Arizona Civil Rights Act Amendment (HB 2045): Signed into law on February 4, 2021, this amendment aligns state law with federal protections, prohibiting discrimination based on pregnancy and requiring reasonable accommodations for pregnant employees.
Workplace Accommodations
Pregnant Workers Fairness Act (PWFA): Effective June 27, 2023, this federal law requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship.This law provides groundbreaking protections for pregnant, postpartum, and pumping workers, and gives the right to get accommodations at work that will help them keep your job and protect your health.
Work Place Safety For Pregnant Workers
Employers must ensure a safe working environment for pregnant employees. Unsafe workplace conditions can be reported to the Occupational Safety and Health Administration (OSHA).
Taking Time Off Work
Family and Medical Leave Act (FMLA): Allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, including childbirth and care for a newborn. Arizona does not provide additional maternity leave beyond FMLA. If you are covered by the Family and Medical Leave Act, you have the right to take 12 weeks of unpaid time off of work per year to address pregnancy needs and other pregnancy related conditions, bond with a new child,without losing your job (or your health insurance, if you have it). Eligibility requirements include:
Working for an employer with 50+ employees within 75 miles
Having worked for the employer for at least 12 months
Logging at least 1,250 hours in the past year
Paid Parental Leave for State Employees: As of September 2023, Arizona offers 12 weeks of paid leave to new parents who are state employees. This policy aims to support state workers during significant family events, such as the birth or adoption of a child
Returning to Work After Childbirth & Breastfeeding
When you return to work as a new parent, you may need breaks and space to pump or time off to care for your baby when they’re sick. There are a few laws that can help you get back to work safely and still care for your family
The nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work. Learn more.
The Pregnant Workers Fairness Act can help you if you need reasonable accommodations for lactation-related needs, such as break time and private space to express breastmilk, a change in uniform if it’s affecting your ability to pump, or avoiding toxins that may be harmful for lactating parents.
Looking for an organization near you in Arizona?
Hospitals, birth centers, doulas, WIC clinics, milk banks and more are listed by county. Enter a ZIP code or city to see yours.