Pregnancy accommodations

AN ACT Relating to refining pregnancy-related accommodations by 1
clarifying requirements for written certification and prohibiting 2
disclosure of certain types of identifying personal information; 3
amending RCW 49.92.020; adding a new section to chapter 42.56 RCW; 4
and providing an effective date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 49.92.020 and 2025 c 379 s 2 are each amended to 7
read as follows: 8
(1) It is an unfair practice for any employer to:9
(a) Fail or refuse to make reasonable accommodation for an 10
employee for pregnancy, unless the employer can demonstrate that 11
doing so would impose an undue hardship on the employer's program, 12
enterprise, or business; 13
(b) Take adverse action against an employee who requests, 14
declines, or uses an accommodation under this section that affects 15
the terms, conditions, or privileges of employment;16
(c) Deny employment opportunities to an otherwise qualified 17
employee if such denial is based on the employer's need to make 18
reasonable accommodation required by this section;19
(d) Require an employee to take leave if another reasonable 20
accommodation can be provided for the employee's pregnancy.21
S-3739.2
SENATE BILL 6014
State of Washington 69th Legislature 2026 Regular Session
By Senators Nobles, Conway, Dhingra, Hasegawa, Liias, Saldaña,
Salomon, Stanford, Trudeau, Valdez, and C. Wilson
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Labor & Commerce.
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(2) An employer may request that the employee provide written 1
certification from the employee's treating health care professional 2
regarding the need for reasonable accommodation, except for 3
accommodations listed in RCW 49.92.010(6) (a), (b), (d), and (h) and 4
((section 8 of this act)) limits on lifting over 17 pounds.5
(3)(a) This chapter does not require an employer to create 6
additional employment that the employer would not otherwise have 7
created, unless the employer does so or would do so for other classes 8
of employees who need accommodation. 9
(b) This chapter does not require an employer to discharge any 10
employee, transfer any employee with more seniority, or promote any 11
employee who is not qualified to perform the job, unless the employer 12
does so or would do so to accommodate other classes of employees who 13
need accommodation. 14
(4) Any break time and any time traveling to a location, 15
identified by the employer and employee as provided in RCW 16
49.92.010(6)(h), to express milk must be paid to the employee at the 17
employee's regular compensation rate. An employee must not be 18
required to use paid leave during break or travel time to express 19
milk during work. Any break time to express milk is in addition to 20
meal and rest periods under chapter 49.12 RCW. 21
(5) The department must provide online education materials 22
explaining the respective rights and responsibilities of employers 23
and employees who have a health condition related to pregnancy or 24
childbirth. The online education materials must be prominently 25
displayed on the department's website. 26
(6) The public records exemption in section 2 of this act applies 27
to records maintained pursuant to this chapter.28
NEW SECTION. Sec. 2. A new section is added to chapter 42.56 29
RCW to read as follows: 30
(1) Except as provided in subsection (4) of this section, records 31
filed with or maintained by the department of labor and industries 32
that reveal the identity of, or contain any personal information 33
about, an employee or applicant who has filed a complaint, requested 34
assistance, or participated in an investigation under chapter 49.92 35
RCW are confidential and not open to public inspection.36
(2) For the purposes of this section, "personal information" 37
includes, but is not limited to, the individual's name, address, 38
telephone number, electronic contact information, identifying 39
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photograph, and any medical or health information related to 1
pregnancy or childbirth. 2
(3) The department may release statistical or summary data that 3
do not disclose the identity of any individual. 4
(4) This section does not limit disclosure of information:5
(a) To the complainant's employer when necessary for the fair 6
determination of the issues in the investigation; 7
(b) To public employees in the performance of their official 8
duties; and 9
(c) In a court or administrative proceeding when disclosure is 10
required by law or necessary to the fair determination of the issues.11
NEW SECTION. Sec. 3. This act takes effect January 1, 2027.12
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