This law can allow you to work from home while pregnant or postpartum

Here are the details your company doesn’t want you to Google.

[Photo: Pekic/Getty Images]

BY Kelsey Haywood Lucas and Cassie Shortsleeve

When companies rolled out return-to-office mandates starting in late 2024 and early 2025, labor force participation among mothers of young children fell from roughly 80% in 2023 to 77% by August 2025, reversing years of hard-won gains. Yet if you’re pregnant or postpartum, you have more rights than you may realize, including some that can help you keep your job while growing your family in a way that works for you.

For all things working and mom-ing, we always turn to Daphne Delvaux, an employment attorney who represents working mothers, founder of the Mamattorney, and author of the new book Moms in Labor: An Employment Lawyer’s Secrets to Protect Your Baby and Your Career (That HR Won’t Tell You). 

In this multipart series for Two Truths, Delvaux will help you better understand your rights at work across various stages of motherhood. Part one: how to navigate return-to-work mandates, what to know about accommodations throughout the reproductive years, including the Pregnant Workers Fairness Act, and how to ask for what you are entitled to.

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We know that too many mothers leave the workforce due to the dual demands of paid work and caregiving. Tell us about what moms need to know about the Pregnant Workers Fairness Act—and how it can help them build some flexibility into their work life.

In June 2023, Congress passed the Pregnant Workers Fairness Act (PWFA). It applies to any employer with 15 or more employees. It covers pregnancy, childbirth, and related medical conditions and requires employers to provide reasonable accommodations unless doing so would create an undue hardship, which is a very high bar. In short, that means that pregnant and postpartum workers may be able to opt out of return-to-office mandates entirely. 

Remote work is a reasonable accommodation. Your company already knows it works because they just spent years building the infrastructure to prove it.

Pregnant Workers Fairness Act

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