What Are Your Rights to Pregnancy Accommodations in California?

Pregnancy is a significant life event that can come with its share of challenges, especially in the workplace. As a pregnant employee in California, you need to understand your rights and protections under state law. California has some of the most comprehensive laws in the country safeguarding the rights of pregnant workers, ensuring they can maintain their health and their careers during this important time.

At TONG LAW, our mission is to level the playing field for employees. We are dedicated to fighting workplace discrimination and empowering our clients to assert their legal rights. If you’re pregnant and facing difficulties at work, here’s an in-depth look at your entitlement to accommodations and what to do if your rights are violated.

Reasonable Accommodation

The California Fair Employment and Housing Act (FEHA) requires employers with five or more employees to provide reasonable accommodations to pregnant workers. If you’re unable to perform your essential job functions due to pregnancy, childbirth, or a related medical condition, you have the right to request accommodations.

Examples of reasonable accommodations include:

• Modifying work duties to avoid heavy lifting, prolonged standing, or exposure to hazardous substances
• Providing more frequent rest breaks or allowing you to sit during shifts
• Granting time off or a flexible schedule for prenatal appointments
• Temporarily transferring you to a less strenuous or hazardous position
• Supplying special equipment like an ergonomic chair or assistive devices

Your employer has an affirmative duty to engage with you in a good faith interactive process to determine an effective accommodation. They should initiate a dialogue, gather relevant information, and explore alternatives in a timely manner. They can only deny your request if it would cause significant difficulty or expense for the business, known as an “undue hardship.” Simply claiming inconvenience or disruption is not enough – the hardship must be substantial and well-documented.

If your employer fails to grant a reasonable accommodation for you to perform your job safely, they may be liable for pregnancy discrimination. If you find yourself in this situation, document your requests in writing, noting the date, the specific accommodations discussed, and your employer’s response. If your employer refuses an accommodation or offers an ineffective alternative, you can challenge their decision by filing a complaint with the California Civil Rights Department (CRD) or pursuing a civil lawsuit with the help of an experienced employment attorney.

Pregnancy Disability Leave (PDL)

Under the FEHA, you are entitled to up to four months of job-protected pregnancy disability leave (PDL). PDL is available when you are actually disabled by pregnancy, childbirth, or a related medical condition. This could include time off for:

• Severe morning sickness
• Prenatal complications
• Post-partum recovery
• Other medical needs certified by your healthcare provider.

There is no minimum length of service required before you become eligible for PDL. You can take PDL all at once or intermittently on an as-needed basis. For example, you could request a reduced work schedule or take a few days off per month for medical appointments. The full four-month entitlement is available with each pregnancy, so if you have multiple children, you can take PDL each time as needed.

During your PDL, your employer must continue your health insurance coverage at the same level and under the same conditions as if you were actively working. They cannot require you to use paid time off, but you may choose to use vacation or sick days to receive pay during your leave. If your employer offers pay for other temporary disabilities, they should offer the same pay during PDL.

Reinstatement Rights Following PDL

When your PDL ends, you have the right to be reinstated to the same position you held before your leave. Your employer can only deny reinstatement if they can prove you would have been laid off or terminated for lawful reasons unrelated to your pregnancy, such as a plant closure or company-wide downsizing. If your exact position is not available, your employer must offer you a comparable position with equivalent pay, benefits, working conditions, and status.

If your employer denies or interferes with your right to take PDL, refuses to maintain your health benefits, or retaliates against you for requesting or taking leave, they are breaking the law. Keep records of your leave requests, any medical certifications provided, and your employer’s actions. Notify your HR department in writing of any negative treatment and file an internal complaint. If the problems persist, consult with an employment attorney about your options, which may include a complaint with the CRD or a lawsuit for damages.

Additional Baby Bonding Leave

After you exhaust your PDL, you may have the right to take an additional 12 weeks of leave under the California Family Rights Act (CFRA) to bond with your new child. To be eligible for CFRA leave you must have:

• Worked for your employer for more than 12 months, and
• Have at least 1,250 hours of service in the prior 12-month period.

You don’t have to take CFRA leave immediately after the baby is born – it can be taken any time within the first 12 months. Your CFRA bonding leave is separate from your PDL disability entitlement.

After your CFRA leave ends, you’re entitled to reinstatement to the same or a comparable job. Your employer must continue your health benefits during your leave. If they fail to comply with CFRA requirements or retaliate against you for taking leave, you can file a complaint with the California Civil Rights Department or consult an employment attorney about a potential lawsuit.

Lactation Accommodation

Once you return to work after giving birth, you have the right to breaks and a private space to pump breast milk under California’s lactation accommodation law. Your employer must provide you with a reasonable amount of break time to express milk as needed. The lactation breaks may run concurrently with your regular paid rest breaks, but if you need additional time, it can be unpaid.

Your employer must also supply a private room or location, other than a bathroom, in close proximity to your work area for pumping. The space should be free from intrusion, shielded from view, and have electricity, a place to sit, and access to a sink and refrigerator. Denying a reasonable lactation accommodation is a form of unlawful discrimination.

If your employer refuses to provide adequate breaks or a suitable space for lactation, notify your supervisor and HR in writing. Explain the legal requirements and health necessities surrounding lactation accommodation. If they fail to correct the situation, you may file a claim with the state Labor Commissioner’s office or contact an attorney to discuss further legal action.

Stand Up for Your Workplace Rights as a Pregnant Employee in California

Understanding your rights as a pregnant employee can feel overwhelming, especially if your employer is uncooperative. You don’t have to go it alone – TONG LAW is here to help. Our attorneys are passionate about advocating for employees’ rights and have deep experience handling pregnancy discrimination cases. We know the law inside out and will work to get you the accommodations and respect you deserve.

If you believe your employer has violated your right to pregnancy accommodations, denied your leave rights, or discriminated against you due to your pregnancy, contact TONG LAW for a consultation.

We’ll listen to you, explain your legal options, and develop a strategic plan to fight for your rights. Whether that means negotiating with your employer, filing agency complaints, or pursuing a civil lawsuit, we’ll be your advocates.