West Virginia . Accommodations . Updated April 2026

West Virginia's Pregnant Workers' Fairness Act requires reasonable accommodations for pregnancy at 4+ employees.

The West Virginia Pregnant Workers' Fairness Act (WV PWFA), codified under WV Code 5-11B, mandates that employers with four or more employees provide reasonable accommodations for pregnancy, childbirth, or related medical conditions. This state law has a significantly lower employee threshold than the federal Pregnant Workers' Fairness Act, extending protections to many smaller businesses in West Virginia.

Applies to employers with
4+ employees
Protects
Pregnant workers
Effective
June 2014
Active

WV Pregnant Workers' Fairness Act

Ensures reasonable accommodations for pregnancy-related conditions at smaller employers.

Accommodation Mandate
Non-discrimination
Always running

What those rules do as a West Virginia shift is created.

Teambridge integrates West Virginia's Pregnant Workers' Fairness Act directly into your scheduling and HR workflows. When a pregnant worker requests accommodation, the system guides you to ensure compliance from the outset, minimizing risk and fostering an inclusive workplace.

Accommodation Requests Flagged

When an employee in West Virginia indicates a pregnancy-related accommodation need, Teambridge flags their profile and prompts managers to initiate a good-faith interactive process.

Reasonable Accommodation Guidance

The platform offers suggestions for common reasonable accommodations, such as light duty, modified work schedules, or temporary transfers, aligning with WV Code 5-11B requirements.

Prohibited Actions Blocked

Teambridge prevents scheduling actions that could be construed as discriminatory, such as denying reasonable accommodation without undue hardship, or forcing leave against an employee's wishes.

Put West Virginia compliance on autopilot.

Stop worrying about keeping up with state-specific labor laws. Teambridge bakes compliance directly into your operations.

The rule, plainly stated

West Virginia mandates reasonable accommodations for pregnant workers at employers with 4 or more employees.

The West Virginia Pregnant Workers' Fairness Act (WV Code § 5-11B-1 et seq.) requires covered employers to provide reasonable accommodations to employees and applicants for conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer.

WV Code § 5-11B-2. Definitions.

As used in this article, unless the context clearly requires a different meaning: (1) "Employer" means a person employing four or more employees, and any agent of an employer... (3) "Reasonable accommodation" means an accommodation that does not impose an undue hardship on the employer. (4) "Undue hardship" means an action requiring significant difficulty or expense, when considered in light of factors such as the nature and cost of the accommodation, the overall financial resources of the facility involved, the number of persons employed at such facility, the effect on expenses and resources, or the impact of such accommodation upon the operation of the facility.

Employer Obligations

Under the WV PWFA, employers are prohibited from denying employment opportunities, failing to make reasonable accommodations, or requiring an employee to take leave if a reasonable accommodation can be provided. This includes modifying job duties, providing equipment, or adjusting work schedules. Employers cannot retaliate against an employee for requesting or receiving an accommodation.

Employee Rights and Federal Parallel

Employees in West Virginia have the right to reasonable accommodations for pregnancy-related conditions without fear of adverse employment action. While the federal Pregnant Workers' Fairness Act (Pub. L. 117-328), effective June 27, 2023, provides similar protections for employers with 15 or more employees, the WV law extends these rights to a broader range of smaller businesses, ensuring more comprehensive coverage within the state.

On autopilot

How Teambridge ensures your compliance with the WV Pregnant Workers' Fairness Act.

Teambridge automates the complex process of managing pregnancy accommodation requests, ensuring your business adheres to West Virginia's specific requirements, regardless of your company size.

01 . Request Intake

Streamlined Accommodation Requests

Employees can submit accommodation requests directly through the Teambridge platform. The system guides them to provide necessary information, which is then securely transmitted to HR and managers.

02 . Interactive Process Support

Guided Good-Faith Dialogue

Teambridge prompts managers to engage in a timely, good-faith interactive process with the employee. It provides templates and checklists to ensure all legal requirements for discussing and implementing accommodations are met, documenting each step.

03 . Accommodation Implementation

Automated Schedule & Task Adjustments

Once an accommodation is agreed upon, Teambridge assists in implementing it. This can include adjusting schedules to reflect light duty, reassigning tasks, or modifying work environments, ensuring operational continuity while maintaining compliance.

04 . Undue Hardship Analysis & Documentation

Compliance Record Keeping

Should an employer determine an accommodation poses an undue hardship, Teambridge provides tools to document the analysis and rationale, ensuring a defensible record in line with WV Code § 5-11B-2. All interactions and decisions are logged for audit readiness.

FAQ

People also ask.

What is the West Virginia Pregnant Workers' Fairness Act?
The WV Pregnant Workers' Fairness Act (WV Code § 5-11B) requires employers with four or more employees to provide reasonable accommodations for an employee's or applicant's pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship.
How is the WV PWFA different from the federal PWFA?
The primary difference is the employer coverage threshold. The WV PWFA applies to employers with 4 or more employees, while the federal Pregnant Workers' Fairness Act (effective June 27, 2023) applies to employers with 15 or more employees. This means the state law provides broader coverage within West Virginia.
What are examples of reasonable accommodations under this act?
Reasonable accommodations can include, but are not limited to, modifying job duties, providing a private space for lactation, allowing more frequent breaks, offering light duty, modifying work schedules, or temporary transfers to a less strenuous position. The specific accommodation depends on the individual's needs and the employer's ability to provide it without undue hardship.
Can an employer deny a pregnancy accommodation request in West Virginia?
An employer can deny a request only if providing the accommodation would impose an "undue hardship" on the business. Undue hardship is defined as an action requiring significant difficulty or expense, considering factors like the nature and cost of the accommodation, the employer's financial resources, and the impact on operations.
Is an employer required to provide a pregnant employee with light duty?
Yes, if light duty is a reasonable accommodation and does not cause undue hardship, an employer must consider it. If an employer already provides light duty for other types of temporary disabilities, they generally must do so for pregnant workers as well.
What if an employee needs leave due to pregnancy-related conditions?
The WV PWFA prohibits employers from forcing an employee to take leave if a reasonable accommodation can be provided that would allow the employee to continue working. If leave is the only or best reasonable accommodation, it should be granted. Such leave may run concurrently with leave under the federal Family and Medical Leave Act (FMLA) or the West Virginia Parental Leave Act, if applicable.