Protections for Pregnant Employees
What rights do pregnant employees have?
Pregnant employees have the right to be in work environments free from harassment, discrimination, and retaliation. California Fair Employment and Housing (“FEHA”) prohibits employers from harassing, discriminating, or retaliating—including terminating—an employee on the basis of sex. FEHA defines sex to include pregnancy, childbirth, breastfeeding, and medical conditions related to pregnancy.
Additionally, FEHA imposes an affirmative duty on employers to accommodate pregnant employees. Some examples of reasonable accommodations can include:
- Offering part-time or modified work schedules,
- Reassignment to a vacant position,
- Permitting the employee to work from home,
- Providing the employee with additional equipment to allow the employee to continue to perform her work.
Thus, employers cannot treat pregnant employees worse than other employees because of their pregnancy or because they request reasonable accommodations for pregnancy-related symptoms.
Can I take maternity leave?
If you are pregnant, there are two California laws that might allow you to take leave:
- Pregnancy Disability Leave: Under the Pregnancy Disability Leave Law (“PDLL”), a worker who has a disability-related to her pregnancy or the birth of her child can receive up to four months of maternity leave. Some examples of a disability related to pregnancy include, but are not limited to, morning sickness, gestational diabetes, need for bed rest, or other medical complications related to the pregnancy. This law applies only to workers who work for a company that employs 5 or more employees.
- Family Leave: Under the California Family Rights Act (“CFRA”), an employee may take up to 12 weeks of leave to, for example, bond with a newborn or adopted child, care for a child’s serious health condition, or for the worker’s own medical condition. To be eligible for this leave:
- The employer must employ at least 5 or more workers,
- The employee must have worked for more than 12 months for the employer prior to the date of the leave,
- The employee must have worked at least 1,250 hours for the employer in the past 12 months.
These two leaves can be taken consecutively, thus, a pregnant employee may take up to seven months of maternity leave. Even when an employee exhausts the two types of leaves outlined above, a company may still be required to provide additional leave as a reasonable accommodation. FEHA imposes an affirmative duty on employers to provide reasonable accommodations to disabled workers. A reasonable accommodation can include additional time off.
Can my employer terminate me for requesting maternity leave?
No. An employer cannot terminate, demote, discipline, or change the terms of your employment if you request accommodations, including leave, for your pregnancy. Further, when an employer grants an employee maternity leave, an employer must reinstate the employee to the same or a comparable position.
One of the most common forms of pregnancy discrimination occurs when the employee returns to work after taking maternity leave. Upon returning from their maternity leave, many employees discover that their employer has replaced or demoted them to a less desirable position. Other employers simply stop giving the employee work shifts which essentially results in a termination. For this reason, many women fear that if they take maternity leave they will lose their job. This fear should not dissuade you from taking the leave that you are entitled to under the law. If you qualify for pregnancy disability leave or family leave, California law has granted you the right to take the leave and your employer should not retaliate against you for invoking your rights.
If you believe your employer is retaliating against you for taking maternity leave, contact our office for a free consultation.
What protections do nursing mothers have?
In California, employers must provide nursing mothers with breaks and a safe, private place to lactate, other than a bathroom. The private room must meet the following requirements:
- Be safe, clean, and free from hazardous materials
- Contain a surface to place a breast pump and personal items
- Contain a place to sit
- Have access to electricity or alternative devices, including but not limited to, extension cords or charging stations needed to operate an electric or battery-powered breast pump.
Additionally, employers must provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’s workspace. If a refrigerator cannot be provided, an employer may provide another cooling device suitable for storing milk, such as an employer-provided cooler.
DISCLAIMER: This page is available for educational purposes only. The information provided in this page is to give you a general understanding of the law and not to provide specific legal advice. By using this page you understand there is no attorney-client relationship between you and Jimenez Loayza, APC. You should not substitute this blog for competent legal advice from a licensed attorney, as the fact of your case may vary significantly.