Pregnancy Discrimination in California: Everything California Employees Need to Know

An Overview for California Employees

What Employees Need to Know about Pregnancy Discrimination

Pregnancy discrimination is an issue that many employers in California are facing. Pregnant employees are legally protected from discrimination under both state and federal laws. These laws require employers to provide reasonable accommodations to pregnant employees, as well as protect them from wrongful termination.

The State of California is committed to protecting the rights of its employees. Pregnancy discrimination is illegal in the state of California and employers must follow the laws set forth by the California Fair Employment and Housing Act (FEHA). This article will provide an overview of the laws protecting pregnant employees in California and what California employees need to know about pregnancy discrimination.

What Is Pregnancy Discrimination?

Pregnancy discrimination is the practice of treating a pregnant employee differently than other employees based on their pregnancy. This may include denying an employee a promotion or job opportunity, reducing hours, or creating a hostile work environment because of the employee’s pregnancy. Pregnancy discrimination is illegal in California and is a violation of the California Fair Employment and Housing Act (FEHA).

What Rights Do Employees Have Under FEHA?

Under FEHA, California employees have the right to be treated the same as other employees who are not pregnant. This includes the right to be paid the same, receive the same benefits, and have the same opportunities for promotion. Employers are also not allowed to deny an employee a job or promotion based on their pregnancy.

Reasonable Accommodations for Pregnant Employees in California

Understanding California Employment Laws about Reasonable Accommodations for Pregnant Employees

Pregnancy is a time of great joy and anticipation for many California employees. But it can also be a time of great stress and strain, especially when it comes to continuing to work. Fortunately, California law provides reasonable accommodations for pregnant employees.
Under the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations for pregnant employees.

What Are Reasonable Accommodations for Pregnant Employees?

All You Need to Know

Reasonable accommodations are adjustments to the job or job environment that enable a pregnant employee to continue working during her pregnancy. They must be tailored to the individual employee’s needs and may include changes to working hours, job duties, or work environment. Employers must also provide a safe working environment for pregnant employees.

What does Reasonable Accommodation for Pregnant Employees Mean?

According to law, employers must provide reasonable accommodations for pregnant employees. But, what does it mean exactly?

These accommodations may include providing time off for medical appointments, making changes to the employee’s work schedule or duties, or providing additional breaks. Additionally, employers are prohibited from terminating an employee due to pregnancy or taking any other adverse employment action against them due to their pregnancy.

Examples of Reasonable Accommodations for Pregnant Employees

There are a variety of reasonable accommodations that employers may provide to pregnant employees. Examples include:

Allowing additional breaks throughout the workday.
Adjusting the employee’s work schedule to accommodate appointments related to the pregnancy.
Modifying job duties to reduce physical strain on the employee.
Providing private space for the employee to rest or express milk.
Permitting the employee to wear comfortable clothing that accommodates her changing body.
Allowing the employee to take unpaid time off to attend to pregnancy-related needs.
Offering light duty tasks or modified job duties.
Providing additional support or assistance with tasks that may be difficult due to pregnancy.
Allowing the employee to work from home when necessary.
Modifying the employee’s workspace to ensure comfort and safety.
Providing additional support such as additional training or resources
Offering flexible working hours or job sharing.
Making changes to the employee’s work environment, such as providing access to a chair or stool.

By providing reasonable accommodations, employers can ensure a safe and supportive work environment for pregnant employees.

How to ask for Reasonable Accommodations for Pregnant Employees in California

To formally request a reasonable accommodation for a pregnant employee in California, you should provide written notice to the employer. This notice should include a description of the requested accommodation and any medical documentation that may be necessary to support the request. Additionally, the notice should include contact information of the employee or the employee’s representative and the date on which the request was made.

Once the employer receives the request, they must engage in an interactive process with the employee to determine the appropriate accommodation. If an agreement cannot be reached, the employer must provide written notice to the employee explaining why the accommodation was denied.

If your request for reasonable accommodation is denied, you should take the time to talk with an experienced pregnancy discrimination attorney. An experienced pregnancy discrimination attorney can help you understand your rights and the legal process and can represent you throughout the complaint process.

Family, Medical, and Pregnancy Disability Leave for Employees in California

What is the Pregnancy Disability Leave Law?

The Pregnancy Disability Leave Law (PDLL) is a law that provides certain rights to pregnant employees in California. Under the PDLL, employers with five or more employees must provide up to four months of unpaid leave for pregnancy-related medical conditions. The employee must have worked for the employer for at least 12 months prior to taking the leave and must have worked for at least 1,250 hours in the 12 months prior to taking the leave.

The California Family Rights Act (CFRA) also provides additional protections for pregnant employees. The CFRA grants eligible employees up to 12 weeks of unpaid leave to take care of themselves or a family member with a serious health condition, or to bond with a newborn/newchild. Furthermore, on January 1, 2021, new regulations were put into effect that extended the reach of CFRA considerably. Additionally, California law requires covered employers to provide employees disabled by pregnancy, childbirth, or a related medical condition with unpaid, job-protected leave (PDL) and accommodations if necessary.

To sum up, employers must provide up to 12 weeks of unpaid leave for employees to care for a newborn, adopted, or foster child. However, to be eligible the employee must have worked for the employer for at least 12 months prior to taking the leave and have worked at least 1,250 hours during that time.

	Pregnancy Disability Leave (PDL)	California Family Rights Act Leave – Child Bonding	Family & Medical Leave Act (FMLA)
I am eligible if:	I have a pregnancy-related disability and my employer has 5+ employees. (Gov. Code, § 12945 & Cal. Code Regs., tit. 2, §§ 11035 & 11037).	I have a new child (via birth, adoption, or foster placement), I have worked for my employer for 1+ year, I have 1250+ hours of service in the past year, and my employer has 5+ employees. (Gov. Code, § 12945.2 & Cal. Code Regs., tit. 2, §§ 11087 & 11088).	I have serious pregnancy-related health condition or a new child (via birth, adoption, or foster placement), I have worked for my employer for 1+ year, I have 1250+ hours of service in the past year, and 50+ employees work within 75-mile radius. (29 U.S.C. § 2611(2) & 29 C.F.R. § 825.110).
How much leave do I get?	Up to 4 months, based on hours worked per week and duration of disability. PDL will run at the same time as FMLA. (Cal. Code Regs., tit. 2, § 11042).	Up to 12 weeks within one year of the child’s birth, adoption, or start of foster care. CFRA leave will run after PDL. CFRA leave will run at the same time as FMLA. (Cal. Code Regs., tit. 2, § 11090).	Up to 12 weeks within one year of the child’s birth, adoption, or start of foster care, OR because of a serious pregnancy-related health condition. FMLA will run at the same time as PDL and/or CFRA leave. (29 U.S.C. § 2612; 29 C.F.R. § 825.701; Gov. Code, § 12945.2).
Should I notify my employer when I’m going to take leave?	Yes. Give your employer at least 30 days’ notice if possible. (Cal. Code Regs., tit. 2, § 11050).	Yes. Give your employer at least 30 days’ notice if possible (Cal. Code Regs., tit. 2, § 11091).	Yes. Give your employer 30 days’ notice if possible. (29 U.S.C. 2612(e)(1)).
Am I required to take leave all at once?	No. You may take your leave all at once or intermittently. (Cal. Code Regs., tit. 2, § 11042).	No. You may take bonding leave in separate 2-week blocks. On two occasions, you make take leave in smaller increments of time. (Cal. Code Regs., tit. 2, § 11090).	Maybe. You are entitled to intermittent leave if you have a serious pregnancy-related health condition and intermittent leave is medically necessary. Otherwise, you need the approval of your employer to take intermittent leave. (29 U.S.C § 2612(b); 29 C.F.R. § 825.202(c)).
Will I lose my job while on leave?	No. You will be reinstated to your same or comparable job, except in limited circumstances unrelated to your leave (such as layoffs). (Cal. Code Regs.. tit. 2, § 11043).	No. You will be reinstated to your same or comparable job, except in limited circumstances unrelated to your leave (such as layoffs). (Cal. Code Regs., tit. 2, § 11089).	No. You will be reinstated to your same or comparable job, except in limited circumstances unrelated to your leave (such as layoffs). (29 U.S.C. § 2614(a); 29 C.F.R. §§ 825.214 & 825.216).
Will I be paid on leave?	Maybe. You will be paid if your employer pays employees on temporary disability, if you use accrued paid time off (such as vacation time), or if you apply to the California Employment Development Department (EDD) for State Disability Insurance (SDI) and qualify. (Cal. Code Regs., tit. 2, § 11044).	Maybe. You will be paid if your employer pays employees on CFRA leave, if you use accrued paid time off (such as vacation time), or you apply to EDD for Paid Family Leave (PFL) and qualify. (Cal. Code Regs., tit. 2, § 11092).	You will be paid if your employer pays employees on FMLA, if you use accrued paid time off (such as vacation time), or if you apply to EDD for SDI or PFL and qualify.
Am I required to use sick/vacation time?	Your employer may require you to use sick time unless you are receiving SDI from EDD. (Cal. Code Regs., tit. 2, § 11044).	Your employer may require you to use vacation time unless you are receiving PFL from EDD to bond with a new child. Your employer may not require you to use sick leave; however, you and your employer can mutually agree that you may use sick leave. (Cal. Code Regs., tit. 2, § 11092).	You may elect to use, or your employer may require you to use: vacation time, sick leave, or paid time off. (29 C.F.R. § 825.207).
Will my employer continue to pay for my health coverage?	Yes. Your employer must pay for the continuation of your group health benefits if your employer normally pays for those benefits. (Cal. Code Regs., tit. 2, § 11044).	Yes. Your employer must pay for the continuation of your group health benefits if your employer normally pays for those benefits. (Cal. Code Regs., tit. 2, § 11092).	Yes. Your employer must pay for the continuation of your group health benefits if your employer normally pays for those benefits. (29 U.S.C. § 2614(c); 29 C.F.R. § 825.209).
Will I lose seniority or benefits?	No. And, you may accrue seniority or benefits if your employer allows accrual for other disability leave. (Cal. Code Regs., tit. 2, § 11044).	No. And, you may accrue seniority or benefits if your employer allows accrual during other forms of leave. (Cal. Code Regs., tit. 2, § 11092).	No. And, you may accrue seniority or benefits if your employer allows accrual for other forms of leave. (29 U.S.C. § 2614(a) (2); 29 C.F.R. § 825.209(h)).
Do I need to provide a medical certification?	Maybe. Your employer may require medical certification. (Cal. Code Regs., tit. 2, § 11050).	N/A	Maybe. Your employer may require medical certification of a pregnancy-related serious health condition. (29 U.S.C. § 2614(a)(4); 29 C.F.R. § 825.306).
Is my partner/the child’s other parent entitled to leave?	No. PDL only applies to the parent who has a disability related to the pregnancy. (Cal. Code Regs., tit. 2, § 11035).	Yes. Both parents (including fathers, adoptive/foster parents, or same sex parents) are entitled to CFRA leave, even if both parents work for the same employer. (Cal. Code Regs., tit. 2, § 11087).	Yes. (29 U.S.C. § 2611; 29 C.F.R. § 825.110).

Read more information about Leave for Pregnancy Disability and Child Bonding: Quick Reference Guide https://calcivilrights.ca.gov/employment/pdl-bonding-guide/

In addition to these state laws, the federal Pregnancy Discrimination Act (PDA) also applies to California employers. The PDA prohibits employers from discriminating against employees based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnant employees the same as any other employee with a similar ability or inability to work.

What Should California Employees Do if They Believe They Have Been Discriminated Against?

If an employee in California believes they have been discriminated against due to their pregnancy, childbirth, breastfeeding, related medical conditions, or any of the protected classes (Race, color, Ancestry, national origin, Religion, creed, Age – 40 and over, Disability, mental and physical, Sex, gender, Sexual orientation, Gender identity, gender expression, Medical condition, Genetic information, Marital status, Military or veteran status), they should report it to their employer. If the employer does not take action to address the complaint, the employee can file a complaint with The Civil Rights Department (CRD). The CRD will investigate the complaint and take action if they find that the employer has violated the law.

Also, if an employee believes they have been discriminated against due to their pregnancy, they should seek legal advice from an experienced pregnancy discrimination attorney.

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