Being pregnant can bring a lot of emotions: excitement, nervousness, and plenty of questions. One common worry and question is, “Can you get fired while pregnant in California?” The good news is that there are strong protections in place for pregnant workers. Still, it’s not always clear what’s allowed and what’s not.
Employers do have the right to make business decisions, but they cannot treat someone unfairly just because they are pregnant. The Shirazi Law Firm believes that understanding your rights can help you feel more secure at work and prepare for any challenges. Whether you’re taking time off for medical appointments, asking for job adjustments, or going on pregnancy leave, the law is meant to support you during this important time.
Knowing the basics about job protections during pregnancy can make a big difference in how you handle work and plan for the future.
Pregnancy often comes with a lot of changes, and knowing your workplace rights is key for a smooth and supportive experience. The census has research that shows that mothers’ earnings in the first quarter after childbirth drop by an average of $1,861. In California, several laws are designed to protect pregnant workers, ensuring they are treated fairly and can continue working without unnecessary stress.
The California Fair Employment and Housing Act (FEHA) is one of the main laws protecting pregnant employees. It prevents employers from discriminating against someone based on pregnancy, childbirth, or any related medical conditions. That means an employer cannot fire, demote, or treat you unfairly because of your pregnancy.
Another key protection is Pregnancy Disability Leave (PDL). If your pregnancy makes it difficult to work due to health reasons, you may be entitled to take up to four months of leave. This leave is job-protected, meaning your employer must give you your position, or a similar one, when you return. Although PDL is typically unpaid, your health benefits can remain intact during this time.
In addition, pregnant employees have the right to adaptaciones razonables to help with their work duties. This could include things like more frequent breaks, lighter tasks, or even a more comfortable chair. Employers are required to work with you to make these adjustments as long as they don’t cause significant hardship for the business.
After childbirth, the California Family Rights Act (CFRA) offers further protection by allowing up to 12 weeks of leave for bonding with your new baby. This leave is separate from pregnancy-related leave and is also job-protected, meaning your employer cannot fire or replace you simply for taking time to bond with your child.
If you feel uncertain about your rights or believe you’ve been treated unfairly, seeking guidance is important. Pregnancy is a personal journey, and feeling supported at work can make a big difference. Clear communication, self-advocacy, and knowing your rights help you stay empowered. Consulting with an employment lawyer can provide clarity, helping you understand your options and take action, if necessary, to protect your job and well-being.
A: In California, it’s illegal to fire someone just because they’re pregnant. There are laws that protect pregnant workers from being treated unfairly. You have the right to take time off for pregnancy and childbirth. Your boss also has to make reasonable changes to help you do your job if needed. If you feel you were fired because you’re pregnant, you need to hire an experienced Los Angeles employment lawyer.
A: If you think you were wrongfully fired while pregnant, stay calm and gather any proof, like emails or messages. Write down what happened and when. Immediately contact a lawyer who knows about job and pregnancy rights. Acting quickly can make a big difference in protecting yourself.
A: Yes, a pregnant employee can be let go for poor performance, but not because she is pregnant. Employers can take action if there are real issues with job performance, just like with any other employee. However, they must be careful that the decision isn’t influenced by the pregnancy in any way. If pregnancy is part of the reason, it could be seen as discrimination, which is illegal.
A: Almost all employee rights attorneys offer free consultations or work on a contingency fee basis. It depends on the lawyer, your case, and where you live. It’s a good idea to ask about fees upfront so there are no surprises.
A: Wrongful termination cases can take a few months to a few years. It depends on how complex the case is and whether it’s settled quickly or goes to court. Some cases are resolved fast through negotiation, while others take longer with hearings or trials. Delays can happen if there’s a lot of back and forth or if the court is busy. Having a lawyer can help move things along. Every case is different, so timelines can vary.
Pregnancy should be a time of support, not stress, especially at work. While California law offers strong protections, it’s still possible for misunderstandings or unfair treatment to happen. Knowing your rights is the first step to standing up for yourself and making sure your job is protected.
If you believe you’ve been treated unfairly or wrongfully fired during pregnancy, it’s important to take action. Speaking with an experienced employment lawyer can help you understand your options and protect your rights. Reach out to the Shirazi Law Firm today to schedule an initial consultation. We have an office on Wilshire Boulevard in Beverly Hills.