Washington Refines Pregnancy Accommodation Rules

On March 16, 2026, Washington Governor Bob Ferguson signed Substitute Senate Bill 6014 (SB 6014) into law as Chapter 76, Laws of 2026, refining the state’s pregnancy-related accommodation framework.

The law clarifies when employers may request written medical certification for pregnancy-related accommodations and creates new confidentiality protections for certain Department of Labor and Industries (L&I) records related to pregnancy accommodation complaints, assistance requests, or investigations.

This update applies to Washington employers with one or more employees and takes effect on January 1, 2027.

Legal Requirements

• Provide paid lactation break time and related travel time at the employee’s regular rate of pay, without requiring the use of paid leave.
• Maintain confidentiality of pregnancy accommodation complaint and investigation records as required by law.
• Do not require written medical certification for certain pregnancy-related accommodations specified by law, including restroom breaks, seating, lactation-related accommodations, modifications to food or drink restrictions, and limits on lifting more than 17 pounds.
• Do not take adverse action against an employee who requests, declines, or uses a pregnancy-related accommodation, and do not deny employment opportunities because of the need to provide a pregnancy-related accommodation.

Practical Considerations

• Update pregnancy accommodation policies to identify which accommodations do not require medical certification.
• Ensure lactation break time is compensated correctly, and personal identifying information is appropriately protected.
• Monitor L&I educational materials and guidance regarding pregnancy and childbirth accommodation rights and responsibilities.

Overview

Certification Limits: SB 6014 clarifies that employers may still request written certification from an employee’s treating healthcare professional for some pregnancy-related accommodations, but not for the following accommodations:

• More Frequent, Longer, or Flexible Restroom Breaks
• Modification of a No-food-or-drink policy
• Seating or the Ability to Sit More Frequently When a Position Requires Standing
• Reasonable Break Time to Express Breast Milk and Access to a Private Location Other Than a Bathroom, if Available
• Limits on Lifting More Than 17 Pounds

Core Pregnancy Accommodation Protections

• Employers must provide reasonable accommodation for pregnancy unless doing so would create an undue hardship.
• Employers may not require an employee to take leave if another reasonable accommodation can be provided.
• Employers may not take adverse action against employees who request, decline, or use pregnancy-related accommodations.
• Employers may not deny employment opportunities based on the need to provide pregnancy-related accommodations.

Lactation Break Pay

• Break time and travel time for expressing breast milk must be compensated at the employee’s regular rate of pay.
• Employers may not require employees to use paid leave for lactation break time.
• Lactation break time must be provided in addition to meal and rest periods otherwise required under Washington law.

Confidentiality Protections

• The law creates a new exemption under Washington’s Public Records Act for certain L&I records that identify, or contain personal information about, an employee or applicant involved in a pregnancy accommodation complaint, request for assistance, or investigation.
• Information may still be disclosed when necessary to fairly resolve an investigation, to public employees performing official duties, or in a court or administrative proceeding when disclosure is required by law.
• L&I may publish statistical or summary information, provided that individual identities are not disclosed.

L&I Education Materials: L&I must maintain online educational resources explaining employer and employee rights and responsibilities related to pregnancy and childbirth health conditions.

Why This Matters

SB 6014 narrows when employers may request medical certification for pregnancy-related accommodations and strengthens privacy protections for individuals involved in pregnancy accommodation complaints and investigations. Combined with Washington’s recent expansion of pregnancy accommodation coverage to employers with one or more employees, the law reinforces a broad accommodation framework that employers should review well before the January 1, 2027, effective date.

Key Risks for Employers

• Requiring medical certification for accommodations that are expressly exempt from certification requirements may support discrimination or accommodation-related claims.
• Denying accommodations, requiring leave when another reasonable accommodation is available, or taking adverse action against employees who request or use accommodations may create liability.
• Failing to compensate lactation break time or related travel time at the employee’s regular rate of pay, or requiring the use of paid leave, may create wage-and-hour exposure.
• Inadequate protections for identifying information associated with pregnancy accommodation complaints or investigations may undermine compliance and increase privacy-related risks.

Additional Information

Washington’s pregnancy accommodation law applies to employers with one or more employees following the 2025 expansion enacted through SB 5217.

Employers may want to verify that policies are applied consistently across all Washington worksites, including smaller locations that may not previously have been covered, and ensure lactation accommodation practices comply with both existing state requirements and the updates enacted through SB 5217.

Source References

• Washington SB 6014 – Concerning pregnancy-related accommodations.

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