Four Crucial Rights of Pregnant Employees in California

Pregnancy can be a significant period in a woman’s life. However, with pregnancy comes several concerns. Many employees want to know what their rights are when they become pregnant. Fortunately, state and federal laws provide several strong protections for pregnant workers. If you are a pregnant employee, have a pregnancy-related medical condition, or are recovering from childbirth and are wondering what rights you have in California, this article is for you. This article discusses four crucial rights of pregnant employees in California.

#1: Pregnancy Disability Leave

One of the key rights you have as a pregnant employee in California is the right to pregnancy disability leave (PDL). In California, you are eligible for PDL if you are disabled by pregnancy, childbirth, or a related medical condition and your employer has five or more employees. You do not need to have been working for an employer for a certain period before you can become eligible for PDL. Pregnancy disability leave provides up to four months of job-protected time off to eligible workers, and you are free to use this leave intermittently, which means you do not have to take time off in one continuous period.

#2: Child Bonding Leave

If you have a new child via birth, foster placement, or adoption; and your employer has five employees, you have worked for your employer for at least one year, and have accumulated at least 1,250 hours of service in the last year, California law allows you to take child bonding leave. This leave does not run concurrently with pregnancy disability leave. You can take up to 12 weeks of child bonding leave.

#3: Reasonable Accommodations

If you are unable to perform certain job duties or tasks due to a pregnancy or pregnancy-related medical condition such as postpartum depression, the loss or end of a pregnancy, or severe morning sickness, the California Fair Employment and Housing Act (FEHA) requires your employer to reasonably accommodate you. Reasonable accommodations come in many forms, including changing your working hours, modifying your job duties, or providing necessary equipment.

One reasonable accommodation California employers are required to provide employees is lactation accommodation. When an employee goes back to work, their employer is required to provide them with a reasonable opportunity to take breaks and express breast milk. California employers are required to provide employees with a private location close to an employee’s work area, which is not a public restroom, where they can express breast milk.

#4: Reinstatement

Finally, the California Fair Employment and Housing Act requires employers to reinstate employees who take leave to the same position they held before they went on leave or to a comparable position with the same terms and conditions of employment. However, this obligation is contingent upon a worker’s ability to perform essential job functions even with reasonable accommodations. If an employee cannot perform essential job duties even with reasonable accommodations, the employer may not be required to reinstate them. Employers are also excused from reinstating employees if they can prove that the employee would not have been employed at the time of their return for reasons unrelated to their pregnancy or leave, such as a mass layoff.

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions or if you believe your rights as a pregnant employee have been violated.