Pregnancy is not an illness. It is not a weakness. And under California law, it is certainly not a reason to be pushed out of your job, denied support, or penalized for requesting help. Yet many pregnant employees still face confusion, fear, and workplace friction when they ask for basic accommodations.
If you are pregnant and working in California, you have powerful legal rights. Understanding those rights is not just helpful. It is essential.
California Law Protects Pregnant Employees in the Workplace
California has some of the strongest pregnancy protections in the nation, going far beyond federal law. The core legal frameworks that safeguard pregnant workers in the state include:
- The Fair Employment and Housing Act (FEHA)
- The Pregnancy Disability Leave Law (PDLL)
- The California Family Rights Act (CFRA)
- The federal Americans with Disabilities Act (ADA) and Pregnant Workers Fairness Act (PWFA)
These laws work together to protect pregnant workers before, during, and after childbirth.
What Counts as a “Pregnancy Disability” in California?
California’s PDLL defines a “pregnancy disability” as any physical or mental condition related to pregnancy or childbirth that prevents the employee from performing essential job duties or if doing so would risk the employee’s or baby’s health.
That can include:
- Severe morning sickness
- Gestational diabetes
- Preeclampsia
- Postpartum depression
- Doctor-ordered bed rest
- Recovery from childbirth (including C-section)
If a medical provider certifies that your pregnancy condition makes work difficult or unsafe, you are entitled to reasonable accommodations and possibly protected leave.
What Types of Pregnancy Accommodations Can You Request?
Employers must provide reasonable accommodations when medically necessary. These are not “special favors.” They are legal entitlements.
Examples include:
- More frequent bathroom breaks
- Modified lifting or standing duties
- A stool or chair for standing jobs
- Schedule changes (e.g., shorter shifts or remote work)
- Temporary reassignment to less hazardous duties
- Additional rest or hydration breaks
- Flexibility for prenatal appointments
Your employer cannot legally refuse to consider accommodations if your doctor recommends them. And they cannot retaliate against you for asking.
How to Request an Accommodation
If you need accommodations, you do not need to disclose private medical details, just documentation from your healthcare provider stating the need and, if applicable, the duration. You are not required to fill out a specific form, but many employers will provide one.
This request triggers what California law calls the “interactive process.” That means your employer must talk with you in good faith about how to meet your needs while keeping your job duties manageable.
They must respond promptly. They cannot ignore the request, delay unreasonably, or punish you for making it.
How Long Can You Take Off Work?
Under PDLL, you are entitled to up to four months of protected leave for disability related to pregnancy, childbirth, or recovery, even if you have worked at your job for less than a year. This leave does not have to be taken all at once. It can be used intermittently if needed.
If you are eligible under the California Family Rights Act (CFRA) (i.e., you have worked at least 12 months and 1,250 hours in the past year for an employer with at least five employees), you are entitled to an additional 12 weeks of baby bonding leave after the pregnancy disability leave ends.
That means some pregnant employees in California can take up to seven months of protected leave. Four months under PDLL and 12 weeks under CFRA.
What Happens to Your Job While You Are on Leave?
Under California law, you have the right to return to the same position once your pregnancy disability leave ends or to a comparable job with equivalent pay, benefits, and seniority.
It is illegal for your employer to:
- Fire you while you are on protected leave
- Demote you or reduce your hours when you return
- Give your job to someone else and refuse to reinstate you
- Retaliate against you for using your legal rights
What About Small Employers?
FEHA and PDLL apply to employers with five or more employees in California. CFRA also applies to employers of that size. That means even small businesses must comply with these
accommodation and leave laws. There are no carve-outs for “hardship” or “we cannot afford it” when it comes to basic compliance.
What if Your Employer Denies or Ignores Your Request?
If your employer:
- Denies accommodations without explanation
- Fails to engage in the interactive process
- Pressures you to resign
- Terminates or demotes you for being pregnant
- Retaliates after you take leave
Then you may have a claim for pregnancy discrimination, disability discrimination, failure to accommodate, or retaliation under California law.
You can file a complaint with the California Civil Rights Department (CRD) or speak with an attorney who represents employees in workplace discrimination and leave-related cases.
Federal Law: The PWFA and ADA
In addition to California protections, you are also covered under federal law.
As of 2023, the Pregnant Workers Fairness Act (PWFA) requires most U.S. employers to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions. It mirrors California’s requirements and gives employees another avenue to demand fairness.
The Americans with Disabilities Act (ADA) also applies in cases where a pregnancy-related complication qualifies as a temporary disability.
You Do Not Have to Choose Between Your Health and Your Job
Pregnancy should not be treated as a disruption. It is part of life and part of the workforce. California law recognizes this, but employers do not always follow through. If you are experiencing discrimination, denial of accommodations, or retaliation, you have strong legal
rights. Understanding those rights is the first step. Enforcing them may require support. But you do not have to navigate it alone.
The blog published by Fairchild Employment Law is available for informational purposes only, is not considered legal advice on any subject matter, and is not meant to guarantee an outcome. 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.