Pregnancy- Related Accommodations Initial Feedback
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Engrossed Second Substitute Senate Bill 5217 (E2SSB 5217) creates new worker protections under RCW 49.92 Pregnancy-Related Accommodations and requires the Department of Labor and Industries (L&I) to investigate violations, prescribe penalties, and provide enforcement. The subjects of this rulemaking may include, but are not limited to, processes for enforcement and appeals of citations issued, the collection of civil penalties and other amounts owed. The legislature directed L&I to create rules that establish enforcement of these requirements at least equal to the protections provided by Chapter 49.46 RCW, the Minimum Wage Act.
RCW 49.92 Pregnancy-Related Accommodations, also known as the Healthy Starts Act, is a new statute that will also take effect January 1, 2027, and includes labor standards requirements for an employer of employees who require pregnancy-related accommodations.
The Division of Labor Standards must adopt rules to implement and enforce the labor standards requirements related to pregnancy-related accommodations.
L&I wants your assistance with development of the scope of the rules for Pregnancy- Related Accommodations. We’re asking for the public’s help in identifying the information that should be included.
1. How should L&I clarify or further define the requirements for pregnancy-related accommodation in this rule?
2. What factors should L&I consider in determining whether an accommodation causes “undue hardship” for an employer?
3. What obligations or prohibited actions for employers should L&I define or clarify in this rule?
Feedback can be submitted directly to this page via the “Submit Comments” tab. Feedback can also be submitted using an attached document via the “Upload Documents” tab. Please note that uploaded documents will not appear on the website immediately. Uploads may take up to 24 hours to post.”
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The rule should specify when an employer’s obligation is triggered, including whether a verbal request to a supervisor is sufficient and what constitutes a timely response.
The rule should distinguish between baseline accommodation that must be provided upon request and without medical documentation, and other accommodations for which limited documentation may be requested.
Terms such as “temporary transfer,” “job restructuring,” and “reassignment to a vacant position” should be defined narrowly and consistently with the statute. In union‑represented workplaces, L & I should clarify that “vacant position” means a position that is open and available for assignment without displacing another employee or violating a collectively bargained seniority system
L & I should also recognize that many covered roles are safety‑sensitive. The rule should clarify that employers may consider objective safety requirements and essential job functions when evaluating accommodation options.
L & I should provide clear guidance on paid lactation break and travel time administration, including acceptable timekeeping methods, to reduce wage‑and‑hour risk while still meeting statutory requirements.
The rule should also clarify documentation expectations for undue hardship determinations so employers can demonstrate compliance without excessive administrative burden or second guessing in enforcement.
L&I should define “adverse action” and clarify that legitimate performance management, discipline, and safety enforcement remain permissible when unrelated to an accommodation request or use.
The rule should clarify that an employer may not require leave when a reasonable accommodation would allow continued work, but may use leave when no reasonable, safe accommodation is available after documented analysis.
Regarding scheduling, the rule should clarify that while employers may not require employees to arrange coverage, employers may seek employee input on preferred schedules, with the employer retaining responsibility for staffing and coverage decisions.
Section 49.92.010:
A definition for "Position" should be considered.
Section 49.92.010(6):
Accommodations (restructuring or assistance) for high fall risk positions (e.g. involving walking or reaching with low friction flooring, around obstacles, or with stairs) should be considered.
Example workplaces: food service, health care, multi-story buildings without elevators, daycare centers, elementary schools.
Rationale: instability increases, fall risk increases, and outcome severity due to fall increases during pregnancy. Increased fall risk positions would not necessarily be covered in other sections of 49.92.010(6).