2025 Legal Updates for Employers: Expanded Pregnancy-Related Accommodations (SB 5217)

By Amy Kangas Alexander | Related Practice: Employment

Starting on January 1, 2027, Washington will expand protections for pregnant and lactating employees. Existing pregnancy accommodation requirements will apply to all employers regardless of size, and lactation breaks must be paid.

Washington’s Healthy Starts Act, explained here, outlines accommodations for pregnant workers that are de facto reasonable, such as flexible breaks, modification of food and drink policies, providing seating, and limited lifting. Currently, these requirements apply to companies with 15 or more employees; however, starting in 2027, they will apply to all employers.

Lactation breaks—including travel time—must be paid time starting in 2027. Lactation breaks are currently required, but there is no current requirement that they be paid. Employers are prohibited from requiring that an employee use paid leave to cover lactation breaks.

Scheduling flexibility for post-partum appointments will also be considered a reasonable accommodation starting in 2027.

Employers should plan to update their employee handbook or policies to incorporate these changes and train managers on expanded accommodation requirements. Payroll and timekeeping practices may also need to be evaluated to ensure paid lactation breaks are provided.

The law will now be enforced by Washington’s Department of Labor and Industries, rather than the Attorney General’s office.