Short answer: The employer must continue health insurance during PWFA leave to the same extent it does for other employees in a similar leave status. It also may not force leave if another accommodation would let her keep working.
The PWFA applies to private and public employers with 15 or more employees and took effect June 27, 2023; the EEOC’s rule took effect June 18, 2024. Leave, paid or unpaid, can be a reasonable accommodation for pregnancy, recovery from childbirth and related appointments, unless it is an undue hardship.
On benefits, the EEOC’s interpretive guidance says the employer must continue health insurance during the leave to the extent it does so for other employees in a similar leave status, and does not have to give more paid leave than similarly situated employees get. If the employee also qualifies for FMLA, the FMLA rule (coverage maintained on the same terms) applies during FMLA leave.
Employers may not require an employee to take leave if another reasonable accommodation would let her keep working.