What You Need to Know About Pregnant Employee Rights in California
Many pregnant women may face concerns regarding their status in the workplace. Here’s everything you need to know about pregnant employee rights in California.
Under federal and California laws, pregnant employees are protected against pregnancy-based discrimination and harassment. Such safeguards ensure employment rights for both pregnant women and new mothers.
Federal Law and Pregnant Employees
Under the Pregnancy Discrimination Act (PDA), federal law prohibits workplace discrimination against a woman who was or is pregnant, intends to be pregnant, has a medical condition related to pregnancy, or has had or is currently considering an abortion. Therefore, an employer cannot:
- Refuse employment to an applicant who is pregnant or plans to become pregnant
- Fire an employee based on pregnancy
- Deny a promotion and/or raise based on pregnancy
- Deny time-off for pregnancy-related matters
The Pregnancy Discrimination Act is commonly considered alongside the Americans with Disabilities Act (ADA). Though pregnancy itself is not viewed as a disability, pregnant employees may face impairments related to pregnancy that are covered under the Americans with Disabilities Act. Both the PDA and the ADA work together to ensure appropriate accommodations for pregnant employees.
Related: How to File a Pregnancy Discrimination Lawsuit in California
Under the PDA, employers must treat a pregnant employee like any other temporarily disabled employee. In other words, an employer must provide job modifications for pregnant employees when similar modifications are available to an employee with a limitation not caused by pregnancy. Some examples of accommodations include additional breaks, alternative assignments, and light duty. Under the ADA, a pregnant employee may receive an accommodation for a pregnancy-related impairment. Some common conditions include gestational diabetes, depression, anemia, and sciatica.
It is important to note that both the ADA and PDA laws only apply to employers with 15 or more employees. The rationale behind this is that most small businesses face a pressing need to replace employees who may be unable to work for an extended period of time.
In terms of lactation breaks, the Fair Labor Standards Act (FLSA) requires employers to provide nursing employees sufficient breaks to pump breast milk for one year after the birth of her child or longer depending on how long the employee must continue pumping. The break room provided cannot be a bathroom and must be completely shielded from public view. The FLSA also prohibits employer retaliation against a pregnant employee. This includes but is not limited to firing or demoting the employee for pregnancy-related accommodations, transferring the pregnant employee for no justifiable reason, or docking hours or wages.
California Law and Pregnant Employees
Both federal and state laws protect pregnancy-related employment rights. In California, various laws deal with common concerns a pregnant employee may face.
Pregnancy-Based Discrimination & Accommodations
Under the California Fair Employment & Housing Act (FEHA), employers are prohibited from discriminating against an employee based on his or her sex. This discrimination includes pregnancy, childbirth, and breastfeeding. Additionally, California law requires employers to provide accommodations for employees suffering from pregnancy-related conditions. Accommodations may include providing a stool or chair for comfort, modifying work duties, or allowing more frequent breaks, etc.
Pregnancy Disability Leave
The Pregnancy Disability Leave (PDL) law requires that California employers provide pregnant employees up to four months of unpaid disability leave. It is illegal for an employer to fire any pregnant employee for taking a PDL. The leave may be taken intermittently, allowing employees to attend medical appointments when necessary. There is no duration of service requirement for a pregnant employee to be entitled to a pregnancy disability leave. However, only employers who handle 5 or more employees are required to allow such leave.
Family and Medical Leave
In conjunction with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) provides eligible employees with 12 weeks of job-protected leave. Prior to its most recent expansion in coverage, the California Family Rights Act was commonly associated with bonding leaves taken after childbirth.
Effective January 1, 2021, the following requirements must be met in order to qualify for a CFRA leave:
- The employee has worked for the employer for at least 12 months
- The employee has worked at least 1,250 hours for the employer in the last 12 months
- The employer has 5 or more employees
Under the newly expanded CFRA, possible reasons for taking leave include care of a child, spouse, domestic partner, parents, grandparents, grandchildren, and siblings.
Related: Can My Boss Tell Other Employees I’m Pregnant?
FAQs About Pregnant Employee Rights in California
Can an employer refuse to reinstate an employee after a pregnancy-related leave?
No, it is illegal for an employer to fire an employee for being pregnant or for taking a pregnancy-related leave. Once the leave concludes, the employer is required to reinstate the employee to the same position. However, this does not protect pregnant employees from job termination for reasons beyond pregnancy, such as mass layoffs.
Will pregnancy disability leave (PDL) count for sick or vacation time?
The employer may require a pregnant employee to use an available sick leave during a pregnancy disability leave. If the employer does not require this, then the pregnant employee may use an available sick leave as they wish. On the other hand, an employer cannot require a pregnant employee to use vacation time during a PDL.
Can an employer require a pregnant employee to take a pregnancy disability leave (PDL)?
No, an employer cannot require a pregnant employee to take a pregnancy disability leave. If a pregnant employee chooses not to take a leave, the employee remains entitled to reasonable accommodations for any existing pregnancy-related conditions. For example, the pregnant employee may take on work from home a few days a week rather than taking a pregnancy disability leave altogether.
Contact Us
If you or a loved one would like to know more about pregnant employee rights in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our California Employment Law Attorneys for Women today!