Navigating the workplace during pregnancy can be challenging, but California law offers robust protections to ensure your health, safety, and job security. Whether you need time off for medical reasons, accommodations to keep working safely, or protection from discrimination, state and federal laws ensure that you are treated fairly. However, many workers are unaware of these rights, making it easier for employers to take advantage of the situation.
This guide breaks down the key laws that protect pregnant employees in California and what to do if your rights are violated.
1. Protection Against Discrimination and Harassment
Under the California Fair Employment and Housing Act (FEHA), it is illegal for employers to discriminate against or harass employees based on pregnancy, childbirth, or related medical conditions. This law applies to employers with five or more employees and prohibits actions such as:
- Firing, demoting, or refusing to hire someone because they are pregnant
- Reducing hours, pay, or benefits due to pregnancy
- Creating a hostile work environment through offensive remarks or unfair treatment
If you experience discrimination at work because of your pregnancy, you may have legal grounds to file a claim against your employer.
2. Pregnancy Disability Leave (PDL)
California law allows pregnant employees to take up to four months (17.3 weeks) of Pregnancy Disability Leave if they are unable to work due to pregnancy, childbirth, or a related medical condition. Key facts about PDL include:
- It applies regardless of how long you’ve worked for your employer.
- It covers part-time, full-time, and even temporary employees.
- Your employer must continue your health insurance benefits during your leave.
- You are entitled to job reinstatement to the same or a comparable position when you return.
If your employer refuses to provide PDL or retaliates against you for taking leave, you may have a legal claim.
3. Reasonable Accommodations for Pregnancy
Employers are required to provide reasonable accommodations for pregnant employees who need them. Some examples include:
- Adjusting job duties to avoid heavy lifting
- Allowing more frequent breaks or modifying work schedules
- Providing seating for employees who stand for long periods
- Offering temporary transfers to less strenuous positions
Employers must engage in a good-faith interactive process to determine an appropriate accommodation. If they fail to do so, they may be violating state law.
4. Family and Medical Leave
In addition to PDL, many employees qualify for 12 weeks of unpaid, job-protected leave under the California Family Rights Act (CFRA). This leave is for bonding with a newborn and is separate from Pregnancy Disability Leave, meaning employees may be able to take both types of leave consecutively.
To be eligible for CFRA leave, you must:
- Have worked for your employer for at least 12 months
- Have logged at least 1,250 hours in the past year
- Work for a company with five or more employees
During CFRA leave, your employer must continue your health insurance benefits and guarantee your right to return to the same or a comparable position.
5. Lactation Accommodations
California law requires employers to provide lactation accommodations, ensuring that employees who return to work after childbirth can pump breast milk in a private and sanitary space. Employers must provide:
- A private, non-bathroom space that is shielded from view and free from intrusion
- Access to a refrigerator or cooler to store milk
- Reasonable break time to pump during work hours
If an employer fails to provide these accommodations, employees have the right to file a complaint and should reach out to a qualified attorney for possible representation.
The blog published by Fairchild Employment Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.