Pregnancy- Related Accommodations Initial Feedback

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.”