The Trump administration is preparing changes to federal workplace pregnancy rules that could reshape how the government treats miscarriage-related accommodations on the job. Equal Employment Opportunity Commission (EEOC) rules explicitly cover workers who need time off or other adjustments because of a miscarriage, while emerging research suggests workplace pregnancy accommodations may also be associated with fewer miscarriages in the first place. What remains unknown is whether the administration will preserve miscarriage protections when it proposes a new definition of the medical conditions covered by the Pregnant Workers Fairness Act (PWFA).
The EEOC's regulatory agenda says the agency intends to propose changes in November to its interpretation of "pregnancy, childbirth, or related medical conditions," a phrase that determines the law's scope. Under current regulations, that definition expressly includes the end of a pregnancy through miscarriage, stillbirth or abortion. As of Wednesday, however, the proposal had not appeared among the EEOC's 2026 documents published in the Federal Register, meaning the precise language needed to determine what would happen to miscarriage protections is not yet public.
Newsweek has contacted the EEOC and White House for comment. The Pregnant Workers Fairness Act, which took effect in June 2023, requires covered employers to consider reasonable accommodations for workers with known limitations arising from pregnancy, childbirth or related medical conditions, unless the accommodation would create an undue hardship. Current EEOC guidance expressly says the law can cover an employee who "needs time off because of a miscarriage." Existing regulations also treat miscarriage and stillbirth as pregnancy-related medical conditions rather than limiting accommodations to someone who remains pregnant.
Megan Thomas, a sexual harassment and employee law attorney who owns Megan Thomas Law in Syracuse, New York, told Newsweek that workers recovering from a miscarriage may need workplace flexibility as well as temporary changes to their physical duties. Other accommodations can include light duty for jobs that involve lifting.” “Miscarriages are considered pregnancy-related medical conditions under the current federal rules because they are closely related to pregnancy,” she added. The government's regulatory listing says the EEOC plans to revise the definition of "pregnancy, childbirth, or related medical conditions," but does not disclose the replacement language.
Workers' rights have not changed simply because a revision is planned. The existing regulation defines protected pregnancy-related conditions to include "termination of pregnancy, including via miscarriage, stillbirth, or abortion." Brianna Williams, founder and managing attorney of Mélange | A Williams Firm, told Newsweek: “Miscarriage is where a narrower PWFA rule would be felt first.” “Miscarriage falls squarely at that boundary, because a worker’s need for accommodation often begins at the moment her pregnancy ends,” Williams said. If the revised rule leaves it unresolved, I expect many employers to resolve it against her, long before any court has occasion to weigh in.” Williams stressed that changing an agency regulation would not rewrite the law passed by Congress.
Alison Breiter, department lead for labor and employment at Farah & Farah, said the Americans with Disabilities Act (ADA) could cover some physical or mental impairments associated with miscarriage, while some workers may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA). Narrowing the PWFA could leave some workers with fewer practical options, particularly those who do not meet the eligibility requirements of other laws.” Research has also raised the question of whether workplace accommodations during pregnancy may affect pregnancy outcomes. Research from University of Wisconsin-Madison has put the estimated decline in miscarriages associated with pregnancy-accommodation protections at about 9.6 percent, alongside a 3.2 percent increase in live births in newly covered states.
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