Your Rights as a Pregnant Employee In California
Knowing you are soon to welcome a new baby into the family is a cause for joy, but you may also worry about the impact of your pregnancy on your job position or career trajectory. Fortunately, California offers robust protection for pregnant employees under the Fair Employment and Housing Act (FEHA) as well as federal protections under the Civil Rights Act. These protections ensure that your employer treats you fairly, including making reasonable accommodations so that you can do your job comfortably.
If your employer violates these rights and protections, you have a right to seek legal redress and financial accountability. For legal help on your unique case, contact our Orange County pregnancy discrimination lawyer for a free case evaluation today.
What Rights Are Protected for Pregnant Employees In California?
Under FEHA, California employers with five or more employees have specific obligations to meet in recognition of a pregnant employee’s changing needs throughout their pregnancy. These legal obligations include the following:
- Making reasonable accommodations for a pregnant employee’s medical needs, such as allowing time off for medical appointments, providing a pregnant employee with a chair or stool when needed, allowing additional breaks, and modifying work duties if required
- Transferring a pregnant employee to a less hazardous or less strenuous job position, reducing productivity goals, or offering light duty if required by the pregnant employee’s medical needs
- Providing up to four months of pregnancy disability leave (PDL) when medically necessary and ensuring the employee’s right to return to the job position or a comparable position after the leave period (this right does not protect pregnant employees from a non-leave-related lay-off)
- Providing a private room and reasonable break time for pumping breastmilk after return from maternity leave
A pregnant employee in California must provide their employer with reasonable advanced notice of any necessary accommodation. The employer may also request a medical certification showing your need.
What Is the Pregnancy Discrimination Act?
The Pregnancy Discrimination Act (PDA) prohibits California employers with 15 or more employees from discriminating against a pregnant employee in their hiring, firing, and other workplace policies. Under this act, an employer may not do the following:
- Pay you less because of your pregnancy
- Demote you due to your pregnancy
- Terminate your employment
- Consider your pregnancy while deciding on bonuses, promotions, and opportunities for advancement
- Discontinue your employee benefits, such as health insurance, and work-related pregnancy
The Pregnancy Discrimination Act protects pregnant employees from having their career goals adversely affected by their pregnancy. Pregnant employees in California do not have to choose between their families and their careers.
Your Rights Under the Family Medical Leave Act
Federal law also provides significant workplace protections for pregnant employees, including the right to 12 weeks of unpaid leave for childbirth and caring for a newborn, as long as the employee has worked for the employer for at least 12 months and has accumulated 1,250 work hours before taking medical leave.
The Medical Leave Act applies to employers with at least 50 employees within a radius of 75 miles.
What are the Options If an Employer Violates Your Rights as a Pregnant Employee in California?
When an employer fails to uphold their legal obligations to a pregnant employee, both state and federal laws consider it discrimination. When an employee faces workplace discrimination in Orange County, they have the right to file a lawsuit seeking compensation for their work-related losses. An experienced Orange County employment lawyer can help you strategize a legal approach to obtain an outcome that aligns with your goals.