Navigating the workplace while pregnant can come with unique challenges, but California law has strong protections in place to support you. The lawyers at the Shirazi Law Firm on Wilshire Boulevard believe that you should be equipped with an understanding of local California pregnancy accommodation law as you navigate the workplace while pregnant.
Whether it’s adjusting your work duties and taste, modifying your schedule, or allowing you to have more frequent breaks, your employer holds a legal responsibility to work with you during this time to ensure your accommodation needs are reasonably met. By understanding the laws that support you, you can move forward more prepared and confident while continuing your role safely.
California has some of the strongest protections in the country when it comes to workplace rights for pregnant employees. The state hopes to support pregnant employees so that they get the support they need and are not discriminated against. An NIH study shared that 23.9% of their participants had experienced pregnancy discrimination, and the state wants to prohibit this from happening legally.
If you are pregnant and working, it is important that you understand what the law says about accommodations, your rights, and your employer’s responsibilities. These protections mostly fall under the Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave (PDL) law.
FEHA requires employers that have five or more employees to provide reasonable accommodations for any employees who are affected by childbirth, pregnancy, or other related conditions. A reasonable accommodation is any change to your job that allows you to continue working safely. This may include:
The accommodations must be based on a healthcare provider’s recommendation. Employers must engage in a good-faith conversation, known as the interactive process, to find a solution that works for both you and the business.
Separate from accommodations, PDL allows you to take time off if you are disabled by pregnancy, childbirth, or a related medical condition. This leave can be used before or after childbirth and includes conditions like severe morning sickness, doctor-ordered bed rest, or recovery from childbirth.
PDL allows up to four months of unpaid, job-protected leave per pregnancy. You don’t need to meet a minimum number of hours worked or length of employment as long as your employer has five or more employees.
Your employer cannot fire you, demote you, or treat you unfairly because you are pregnant or ask for accommodations. They are required to engage in a respectful and timely process to understand your needs. If they deny accommodations without a valid reason or retaliate against you for asking, that may be a violation of the law.
Knowing your rights empowers you to speak up, ask questions, and seek the support you need to stay safe and healthy at work during your pregnancy. Being informed helps you make confident choices, and clear communication and documentation can support a smoother experience at work.
A: Reasonable accommodations for pregnancy in California are changes to your job that help you work safely while pregnant. These can include more frequent breaks, a stool to sit on, lighter duties, or a temporary job change. You might also get time off for medical appointments or pregnancy-related conditions. Your employer must provide these changes if they don’t cause serious problems for the business.
A: In California, several state laws protect pregnant employees at work. The Pregnancy Disability Leave (PDL) law allows time off for pregnancy-related health issues. The California Fair Employment and Housing Act (FEHA) bans discrimination based on pregnancy. The California Family Rights Act (CFRA) provides leave to bond with a new child. These laws work together to protect your job, require reasonable accommodations, and ensure fair treatment.
A: Yes, in California, employers are required to hold the employee’s role or offer a similar position during maternity leave. Under the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL), you are entitled to job protection during your leave. This means your employer must return you to your original position or a comparable one once you return from leave. If your employer fails to do so, it may be considered a violation of your rights.
A: If you are facing discrimination due to pregnancy at work, start by documenting any incidents. Keep records of emails, conversations, or actions that show unfair treatment. Then, consider talking to your employer or HR to address the issue directly. If the problem continues, you can file a complaint with the California Civil Rights Department (CCRD), which handles workplace discrimination cases.
A: In California, eligibility for maternity leave depends on your employment status. Pregnancy Disability Leave (PDL) is available if you’re disabled due to pregnancy or childbirth and applies to employees at companies with five or more workers. The California Family Rights Act (CFRA) provides leave for bonding with a new child, but you must have worked for the company for at least 12 months and meet certain hour requirements. Further, during the time one is disabled by pregnancy, the Fair Employment and Housing Act requires reasonable accommodation, which includes time off from work.
The lawyers at the Shirazi Law Firm know that understanding your rights in California can make a huge difference in how you experience your job during pregnancy. You shouldn’t have to choose between your health and your job.
If you are experiencing a violation of your rights, it may be time to meet with a trusted employment lawyer who can help you navigate the next steps toward advocating for your legal needs. Reach out today to one of our lawyers and set up an initial consultation to get support on your case.