Pregnancy can make certain job duties difficult to perform, possibly even unsafe in some circumstances. For workers in physically demanding roles, the question of whether their employer is required to offer lighter assignments during pregnancy is an important one. California law provides some of the strongest workplace protections for pregnant employees in the country, including the right to request reasonable accommodations like light duty.
If you are pregnant and unsure about what your employer is required to do for you, learning about your rights under state law is a good place to start. Continue reading to learn about how pregnancy light-duty rules work in California and what options may be available to you.
What Laws Protect Pregnant Workers in California?
Several state and federal laws work together to protect pregnant employees in California. The most relevant ones when it comes to light duty and workplace accommodations include the following:
California’s Fair Employment and Housing Act (FEHA)
The FEHA is the primary state law that protects pregnant workers from discrimination and requires employers to provide reasonable accommodations. Under the FEHA, pregnancy, childbirth, and related medical conditions are treated as protected categories. Employers with five or more employees are covered by this law.
The FEHA requires employers to engage in a good-faith interactive process with the employee to identify reasonable accommodations that will allow her to continue working. Light duty is one of many possible accommodations that may come out of that process.
California’s Pregnancy Disability Leave (PDL) Law
The Pregnancy Disability Leave (PDL) law provides additional protections specifically for employees who are disabled by pregnancy, childbirth, or a related condition. Under this law, employers with five or more employees must provide up to four months of disability leave.
They are also required to provide reasonable accommodations, including transfer to a less strenuous or hazardous position, if one is available.
Federal Pregnant Workers Fairness Act (PWFA)
At the federal level, the Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related conditions. This law applies to employers with 15 or more employees and works alongside California’s own protections.
Am I Entitled to Light Duty During Pregnancy?
Under California law, you have the right to request light duty or a transfer to a less physically demanding position if your pregnancy makes it difficult or unsafe to perform your regular job duties. Your employer is required to engage in the interactive process with you to figure out what accommodations are possible.
However, the law does not guarantee that you will receive the exact accommodation you request. The requirement is that the accommodation be “reasonable,” which means it must be something the employer can provide without creating an undue hardship on the business. If light duty is available and the employer offers it to other temporarily disabled employees, there is potentially a valid argument that it should be offered to pregnant workers as well.
Some examples of accommodations that may qualify as light duty or a related adjustment include:
- Reassignment to a less physically demanding position
- Restrictions on lifting heavy objects
- More frequent breaks throughout the shift
- Permission to sit during tasks that normally require standing
- Modified work schedules
- Temporary reassignment to a desk-based role
The specific accommodation that makes sense will depend on the nature of your job and the limitations related to your pregnancy. A note from your healthcare provider describing your restrictions can help support your request.
What if My Employer Refuses To Provide Light Duty?
If your employer refuses to engage in the interactive process or denies your request for a reasonable accommodation without a legitimate business reason, they may be violating California law. Employers cannot simply ignore a pregnant worker’s request for accommodations, nor can they retaliate against her for making one (more on this below).
Some examples of conduct that may violate your rights include:
- Refusing to discuss accommodations after you provide a doctor’s note
- Forcing you to take unpaid leave when a reasonable accommodation is available
- Treating you differently than non-pregnant employees with similar physical restrictions
- Pressuring you to resign rather than providing accommodations
If any of these things have happened to you, it may be worth speaking with an employment lawyer to understand your legal options.
What About Job Protection While on Light Duty?
One common concern among pregnant employees is whether they can lose their job while on light duty or while taking pregnancy-related leave. California law provides strong protections in this area as well.
Under the FEHA and the PDL law, your employer is generally required to hold your position or a comparable one for you while you are on leave or working in a modified capacity. If your employer eliminates your position while you are out, they must be able to show that the decision was based on a legitimate business reason unrelated to your pregnancy.
Additionally, if you qualify for leave under the CFRA or the FMLA, you may have additional job protection during and after your pregnancy. These laws can overlap with the PDL law in ways that extend your total period of protected leave, so it is worth understanding how they interact.
Can My Employer Retaliate Against Me for Requesting Light Duty?
No. California law strictly prohibits retaliation against employees who request pregnancy-related accommodations. This includes any adverse action taken because you exercised your legal rights.
Retaliation claims can be filed with the California Civil Rights Department (CRD). You may also have grounds to file a lawsuit against your employer seeking damages for lost wages, emotional distress, and other losses.
Contact Fairchild Employment Law for Help if Your Rights Have Been Violated
California offers some of the strongest protections in the nation for pregnant workers, but those protections only matter if they are enforced. If your employer has treated you unfairly because of your pregnancy, an employment attorney can help you figure out your next steps.
Reach out to an experienced San Diego employment lawyer with Fairchild Employment Law today for a free consultation. You can get in touch by calling (619) 853-2713 or by sending us a message online.