No. In California, the decision about when to begin maternity leave belongs to you and your healthcare provider. Your employer cannot push you out of your job simply because you are pregnant. Under the Fair Employment and Housing Act, requiring a pregnant worker to leave her position before she is medically unable to perform it qualifies as pregnancy discrimination.
As long as you can still handle the essential duties of your role, whether on your own or with a reasonable accommodation, your employer is required to let you keep working.
Why the Decision To Take Leave Belongs to You
California’s Pregnancy Disability Leave law entitles eligible employees to up to four months of job-protected leave when they are disabled by pregnancy or childbirth. The key word is “disabled.” That determination is made by your doctor based on your medical condition, not by your employer based on how far along you are or how your pregnancy looks from the outside.
An employer who decides on its own that a pregnant worker should stop working is substituting its judgment for a medical professional’s. This isn’t allowed under the FEHA, however. Concern for your well-being does not override your right to keep earning a paycheck.
When an Employer Can Legally Raise Concerns About Your Ability To Work
There are narrow situations where an employer can request medical documentation related to your ability to do your job. If your role involves physical demands and your employer has a good-faith reason to believe you cannot safely perform those tasks, it may ask you to provide a note from your doctor confirming that you are able to continue working.
What is key is how the employer handles that process. The FEHA requires both sides to participate in what is known as the interactive accommodation process. Skipping that step entirely and jumping straight to forced leave is where employers cross the line.
If your doctor does determine that you are unable to work, the PDL kicks in at that point. However, the trigger is always a medical determination, never your employer’s unilateral call.
What To Do if Your Boss Pushes You Out Early
If your employer has told you to start leave before you or your doctor believe it is necessary, take the time to document what happened. Write down the date of the conversation and what was said. Hold onto any emails or written communications that reference your pregnancy or your work capacity.
You have the right to file a complaint with the California Civil Rights Department within three years of the discriminatory act. You may also have grounds to pursue a lawsuit for lost wages and other damages tied to the forced leave.
An employment attorney can help you evaluate whether your employer crossed a legal boundary and take appropriate action in response from there.
Protect Yourself Against Forced Maternity Leave in California
Being pushed out of your job before you are ready to leave is not something you have to accept. California law is clear that your employer cannot override your doctor’s judgment or make the decision for you. The protections under FEHA and the Pregnancy Disability Leave law exist for exactly this reason.
If your employer has already forced you onto early leave, Fairchild Employment Law can review what happened and help you figure out where things stand. Call us today at (619) 759-7149 to schedule a case evaluation.