Job-protected pregnancy leave is a right afforded to most employees in California under federal and state laws. If you get fired, demoted, retaliated against, or asked not to come back to your job for taking pregnancy leave, seek legal advice from Fairchild Employment Law. Our employment law attorneys in San Diego will walk you through your opportunities for a legal remedy during a free initial consultation.
Why Hire Us?
- Our San Diego pregnancy discrimination attorneys have been representing victims of discrimination, harassment, and other employer violations in San Diego for many years.
- We are passionate about helping employees understand and protect their rights under state and federal pregnancy leave laws. We will fight by your side.
- Jillian Fairchild has prior experience working as a defense attorney for employers. This gives her clients a unique advantage thanks to her insider knowledge of how the other side works.
- We won’t get paid unless you do. We take pregnancy leave law cases on a contingency fee basis, with $0 charged upfront and $0 if we don’t win.
How Can an Attorney Help You With a Pregnancy Leave Violation Claim?
California may have some of the strongest legal protections for pregnant workers in the country, but that doesn’t mean you are guaranteed fair treatment. Unfortunately, many employers in San Diego are guilty of legal violations, such as denying job-protected medical leave for pregnancy, the birth of a child, or medical conditions related to either.
If you suffer any adverse outcomes for requesting or taking medical leave as afforded to you by the law for pregnancy-related conditions, an attorney can help you get justice. Your lawyer can search for evidence of a legal violation to hold your employer accountable. An attorney can accurately evaluate how much your case is worth in terms of backpay and other compensation and seek optimal results in or out of the courtroom on your behalf.
What Are California’s Pregnancy Leave Laws?
Multiple state and federal laws afford legal protections for employees who are pregnant, going through childbirth, dealing with related medical conditions, or wish to take leave to bond with a new baby (including an adopted child).
These laws include:
- Federal Family and Medical Leave Act (FMLA)
- California Family Rights Act (CFRA)
- Fair Employment and Housing Act (FEHA)
- Pregnant Workers Fairness Act (PWFA)
These laws grant qualifying workers the right to take unpaid medical leave or Pregnancy Disability Leave (PDL) for up to 12 weeks, in most cases, without fear of losing their jobs or facing retaliation.
How Much Total Leave Can I Take for Pregnancy and Bonding?
California provides some of the most robust pregnancy leave protections in the country; many employees are entitled to more time off than they realize. That’s because two separate types of leave can be taken back to back rather than running at the same time.
Pregnancy Disability Leave (PDL) provides up to four months of job-protected leave for employees who are unable to work due to pregnancy, childbirth, or a related medical condition. Unlike CFRA, there is no minimum number of hours you need to have worked to qualify. If your employer has five or more employees, you’re covered from the start.
Once your PDL ends and your doctor clears you, your 12 weeks of CFRA bonding leave begins. California law specifically prevents CFRA bonding leave from running at the same time as PDL. This means a birth mother can take both consecutively for a total of roughly seven months of job-protected leave.
During your time off, you may also be eligible for wage replacement through California’s State Disability Insurance (SDI) program during the PDL period and the Paid Family Leave (PFL) program during bonding. As of 2026, these programs replace between 70% and 90% of your regular wages, depending on income level.
Your Right to Pregnancy Accommodations and Lactation Breaks
Your rights as a pregnant employee in California go beyond just taking time off. Under the Fair Employment and Housing Act (FEHA), your employer is required to provide reasonable accommodations for pregnancy-related conditions if you need them to continue working. These can include:
- More frequent breaks during the workday
- Modified job duties or a temporary transfer to a less physically demanding position
- Additional time off for prenatal appointments
Once you return from leave, California law also protects your right to express breast milk at work. Under a set of laws beginning with Labor Code § 1030, your employer must provide you with reasonable break time and a private space to pump that is not a bathroom. The space must be clean, shielded from view, and free from intrusion.
Failing to provide these accommodations is a violation of California law and could form the basis of a legal claim.
Common Examples of Pregnancy Leave Retaliation
Unfortunately, not every employer respects their employees’ pregnancy leave rights. Retaliation can take many forms, and it isn’t always as obvious as being fired outright. Some of the most common warning signs include:
- Being let go shortly before or after taking pregnancy leave
- Having your position eliminated while you’re out and not being offered a comparable role upon your return
- Receiving negative performance reviews that don’t reflect your actual work history
- Being passed over for a promotion you were previously in line for
- Having your hours or responsibilities reduced after you come back
- Being pressured to return from leave earlier than your doctor recommended
If any of these situations apply to you, your employer may have violated your rights under California law. A trusted San Diego discrimination attorney can evaluate the facts and help you determine whether you have a valid claim for retaliation.
What to Do if Your Pregnancy Leave Rights Are Violated in San Diego
If you have an employer in San Diego who is refusing to grant your pregnancy-related medical leave request, is discriminating against or harassing you because of your pregnancy, is threatening job termination, or has demoted you or refused to allow you to return to your previous position, you may be eligible for compensation.
Depending on the circumstances, you may be entitled to:
- Backpay
- Lost employment opportunities
- Interest
- Emotional distress damages
- The reinstatement of your job
- Attorney’s fees and court costs
- Punitive damages
You can take legal action against an employer in the form of a federal complaint, insurance claim, or civil lawsuit. Start by documenting the discrimination or retaliation that you suffered in detail. Collect copies of any relevant medical records and employment documents. Then, bring this information to an attorney to discuss potential legal remedies.
No upfront costs. Your case matters.
Experiencing Pregnancy Discrimination at Work?
Contact Us for a Free Case Review in San Diego
The strength of your legal representation can make all the difference to your pregnancy leave case in San Diego. Contact Fairchild Employment Law to work with a highly experienced and skilled employment lawyer. We have an in-depth understanding of every state and federal law that protects pregnant workers in California. We can help you move forward with a strong claim. Contact us today to begin with a free, strategic consultation, where we will listen to your story and assess your case at no cost or obligation to hire us. Call (619) 306-1454.