6/25/25 Pregnancy Accommodation Obligations: Big Changes Ahead for Washington Employers

June 25, 2025

By Becky Zuschlag & Avery Tunstill

Washington Governor Bob Ferguson signed Senate Bill 5217 (E2SSB 5217) into law on May 20, 2025. The law will replace Washington’s law requiring pregnancy accommodations. Although the new law does not go into effect until January 1, 2027, employers should start considering necessary changes to their policies and practices  now to ensure compliance.

Who does this law apply to?

Currently, only employers with 15 or more employees must provide pregnancy-related accommodations to employees who require them, and some exemptions to the law exist for nonprofit and religious organizations.

The new law extends the obligation to provide pregnancy accommodations to all employers  and specifically includes religious and nonprofit organizations.  

What does the law require of employers?

Washington law has long-required employers to provide reasonable breaks and a private location for lactation, but currently does not require employers to pay for such breaks.

Under the new law, employees are entitled to pay at their regular rate for break time used to express milk during work hours and for the time needed to travel to the private space reserved for this purpose. Further, these breaks are in addition to meal and rest breaks, and employers are prohibited from requiring an employee to use paid time off for lactation breaks.

Additionally, while current law includes scheduling flexibility for prenatal visits in the definition of reasonable accommodation, the new law expands this definition to include scheduling flexibility for postpartum medical visits as well.  

What are the consequences for non-compliance?

The new law shifts investigatory and enforcement obligations from the Office of the Attorney General to the Washington Department of Labor and Industries (L&I), requiring L&I to investigate complaints that allege violations of the law. L&I will be able to enforce violations through injunctions and civil penalties. Additionally, the law provides employees with a private right of action to recover damages and attorneys’ fees for their employer’s violation(s).

Although the law is not effective until January 1, 2027, employers should plan and prepare for these big changes in advance to avoid risk of noncompliance and potential litigation.

For questions about these changes or other employment law-related issues, please contact Becky Zuschlag at bzuschlag@barran.com or 503-276-2151, or your regular Barran Liebman attorney for assistance in reviewing your employment compliance.