Your Rights and Obligations as a Pregnant Employee in Los Angeles

As an employee in California, there may come a time in your life when you need assistance understanding your rights and obligations as a pregnant employee in Los Angeles. Successfully navigating the workplace during pregnancy involves knowing and understanding your rights and obligations. Women make up over 50% of the workforce in California, so understanding these rights is critical.

In Los Angeles and throughout California, laws provide many protections to ensure that pregnant employees are treated fairly and equitably. Oftentimes, there may be instances, especially if you feel your rights have been violated, where the guidance of a skilled attorney who has dealt with cases similar to yours is needed.

Ley contra la discriminación por embarazo

En Ley contra la discriminación por embarazo (PDA) of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers are mandated to treat pregnant employees the same as other employees with similar abilities or limitations. Esto incluye:

• Employment Decisions: Pregnancy cannot be a factor in hiring, firing, promotions, or any other employment decisions.
• Benefits: If an employer provides benefits for other temporary disabilities, they must also provide the same benefits for pregnancy-related conditions.
• Job Assignments and Leave: Employers must accommodate pregnant employees by modifying job duties or providing leave, if necessary, similar to accommodations for other medical conditions.

California State Protections

California extends additional protections beyond federal requirements:

• Baja por incapacidad durante el embarazo: Pregnant employees are able to take up to four months of leave (job-protected) for childbirth, pregnancy, or related medical conditions under the California Fair Employment and Housing Act (FEHA). This leave can be taken intermittently or as a continuous block, depending on medical necessity.
• California Ley de Derechos de la Familia (CFRA): This Act states that up to 12 weeks of unpaid leave can be taken by eligible employees within a twelve-month period for qualifying family and medical reasons, including bonding with a new child. Employers must maintain group health coverage during CFRA leave.
• Reasonable Accommodation: Employers must provide reasonable accommodations for pregnant employees, such as modified duties, alternative assignments, or flexible work schedules, unless doing so would cause undue hardship.
• Supplemental Paid Sick Leave: California mandates that employers provide paid sick leave, which can be used during pregnancy-related disabilities.

Recent Cases That Define Employers’ Obligations

There have been several key cases over the years that have shaped the understanding of the obligations that employers have to their pregnant employees. A more notable one from 2012 is the Arizanovska v. Wal-Mart Stores, Inc. case. This case highlighted the challenges pregnant employees may face in securing accommodations, as the court ruled against the plaintiff despite her medical restrictions, underscoring the complexities in accommodation requests.

This type of case reiterates the importance of working with a skilled and experienced attorney who understands the different variables associated with pregnancy in the workplace if you believe your rights have been violated.

Obligations of Pregnant Employees

While employers have clear responsibilities, pregnant employees also have obligations:

• Notification: Employees should inform their employers of their pregnancy and any medical needs as early as possible to facilitate necessary accommodations and planning.
• Collaboration: Engaging in open dialogue with employers about potential accommodations and being receptive to alternative solutions can lead to mutually beneficial arrangements.
• Documentation: Providing medical certifications or documentation when requesting accommodations or leave ensures clarity and supports the accommodation process.

Importance of Hiring an Employment Lawyer

Hiring an employment lawyer for pregnancy-related issues in the workplace is essential for ensuring that your rights are protected and upheld. An experienced employment lawyer may help navigate these complex legal protections, offering guidance on maternity leave and accommodations and preventing unfair treatment due to pregnancy.

An employment lawyer may help employees understand their rights and responsibilities, ensuring they receive the correct benefits and time off. For instance, if an employer refuses to provide necessary accommodations or retaliates after an employee requests maternity leave, a lawyer may intervene to help resolve the issue, including representing the employee in disputes or litigation.

Additionally, a lawyer may assist in negotiations to reach favorable outcomes, such as extended leave or job modifications, and offer advice on how to document potential violations. Having someone with legal experience on your side provides peace of mind, reduces stress, and may significantly improve the chances of achieving a fair resolution, preventing long-term financial and emotional consequences.

Preguntas frecuentes

Q: What Are the Obligations of Employers to Pregnant Employees?

A: Employers are obligated to provide pregnant employees with reasonable accommodations, such as adjusting work duties or schedules to ensure health and safety. They must protect against discrimination, offer maternity leave, and ensure equal treatment. Pregnant employees are entitled to the same benefits and pay as other employees, including during pregnancy-related absences.

Q: What Is the New Law for Pregnant Mothers in California?

A: En California, el Pregnant Workers Fairness Act (PWFA) mandates employers with 15 or more employees to provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions unless it imposes undue hardship. This includes adjustments like flexible breaks or modified duties. An employment lawyer may help you make sure you are granted these rights.

Q: What Are the Legal Options for Pregnancy in the State of California?

A: In California, legal options for pregnancy include continuing the pregnancy, adoption, or abortion. California allows abortion up to 24 weeks of pregnancy and beyond if the health of the mother is at risk. Adoption is also available, with both private and agency options. The state ensures access to comprehensive reproductive healthcare.

Q: What Act Protects Pregnant Employees?

A: There are several different acts and laws that protect pregnant employees. The largest one is the Pregnancy Discrimination Act, part of the Civil Rights Act of 1964. This act protects pregnant employees from discrimination in the workplace. It ensures that pregnant employees are treated equally with regard to hiring, firing, pay, benefits, and working conditions.

Connect With Us Today

Los Angeles, in alignment with California state law, offers comprehensive protections for pregnant employees, ensuring they are treated equitably and can maintain their employment during pregnancy and related medical conditions. Understanding these rights and obligations is crucial for both employers and employees to create a supportive and compliant work environment.

If you need assistance with pregnancy-related issues in the workplace, it is time to contact Shirazi Law Firm, PC, so our experienced legal team may begin helping you. Contact us today.