As a pregnant employee in California, you have clear legal rights to reasonable accommodations at work. Several state and federal laws protect pregnant workers and require employers to provide necessary accommodations. It’s important to understand these rights so you can advocate for yourself and have a healthy, safe pregnancy while continuing to do your job.
California Laws Protecting Pregnant Employees
As a pregnant employee in California, you’re protected by several state and federal laws:
California Fair Employment and Housing Act (FEHA)
FEHA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. If your employer has five or more employees, you’re covered by FEHA’s protections. Pregnancy is treated as a protected class, similar to race, gender, and disability.
California Pregnancy Disability Leave Law (PDLL)
The PDLL, part of FEHA, entitles employees at workplaces with five or more employees to take up to four months of job-protected leave for disability due to pregnancy, childbirth, or related medical conditions. This leave is in addition to any other leave you’re entitled to.
Americans with Disabilities Act (ADA)
The ADA, a federal law, requires employers to provide reasonable accommodations to employees with disabilities. While pregnancy itself isn’t considered a disability under the ADA, pregnancy-related impairments that substantially limit a major life activity may qualify you for accommodations.
Pregnant Workers Fairness Act (PWFA)
As of June 27, 2023, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless it would impose an undue hardship.
Reasonable Accommodations You May Be Entitled To
Your employer must provide reasonable accommodations to allow you to perform your job duties while maintaining a healthy pregnancy. Accommodations are modifications to your work environment or duties.
Examples of common pregnancy accommodations include:
- Altered break or work schedules
- Providing a chair or stool for sitting
- Temporary transfer to a less physically demanding or hazardous position
- Reassignment of specific job duties
- Permission to work from home
- Leave for prenatal appointments
If you need an accommodation, notify your employer and engage in an interactive process to determine appropriate, feasible options. Your employer must work with you in good faith to find a reasonable solution.
Your employer can only deny an accommodation if it would cause “undue hardship” – a significant difficulty or expense. However, this is a high standard for employers to meet.
Pregnancy Disability Leave Rights
If you’re disabled by pregnancy, you’re entitled to up to four months of unpaid, job-protected leave under California’s PDLL. You’re eligible for PDL from your first day on the job.
You can take PDL intermittently or all at once as needed. You may also be entitled to additional leave for baby bonding under the California Family Rights Act.
During PDL, your employer must maintain your health insurance as if you were actively working. They can require you to use sick leave during PDL, but not vacation or PTO.
Upon returning from PDL, you have the right to be reinstated to the same or a comparable position unless holding your position open would substantially undermine your employer’s business operations.
Lactation Accommodation Rights
If you need to express breast milk at work, your employer must provide break time and a private space that isn’t a bathroom.
The lactation space should be in close proximity to your work area, shielded from view, and free from intrusion. While your employer doesn’t have to pay for lactation breaks, they must provide the time and space for you to express milk.
Protection Against Discrimination and Retaliation
Sadly, some employers still discriminate against employees for being pregnant. But pregnancy discrimination is illegal under both California and federal law.
Your employer cannot treat you differently or negatively because of your pregnancy, childbirth, or related medical conditions. Prohibited discriminatory acts include:
- Firing you or laying you off because you’re pregnant
- Demoting you or cutting your pay due to pregnancy
- Verbally or physically harassing you because of pregnancy
- Forcing you to take leave when you’re still able to work
- Refusing to hire you or promote you because you’re pregnant
Pregnancy discrimination can take other forms as well, like being excluded from meetings or events, being denied professional development opportunities, or facing offensive comments or stereotypes.
It is also illegal for your employer to retaliate against you for exercising your legal rights related to pregnancy. Your employer cannot punish you for requesting or taking pregnancy accommodations, filing a pregnancy discrimination complaint, or participating in a pregnancy discrimination investigation or lawsuit. Prohibited retaliation includes any negative job actions like demotion, discipline, schedule changes, or termination.
If you believe you have experienced pregnancy discrimination or retaliation at work, contact our California employment law attorneys at Malk Law Firm.
Protecting Your Rights as a Pregnant Employee
You deserve fair treatment and needed accommodations at work during your pregnancy. If your rights have been violated or you need help requesting accommodations, don’t hesitate to seek legal guidance.
The employment law attorneys at Malk Law Firm are dedicated to advocating for pregnant employees across California. We can assess your situation, advise you of your options, and help you take action.
Contact Malk Law Firm today for a confidential consultation to discuss your pregnancy accommodation rights at work. You don’t have to navigate this challenging time alone – we’re here to empower and support you.
