You Shouldn't Have to Choose Between Your Pregnancy and Your Career
Pregnancy should be a time when you can focus on your health and your growing family, not a time when you worry about whether your employer will treat you differently because you are pregnant. Unfortunately, some employees find themselves facing pressure, unfair treatment, denied accommodations, reduced hours, lost opportunities, or even termination after becoming pregnant or asking for time away from work.
California law provides strong protections against pregnancy discrimination and protects eligible employees who need pregnancy disability leave, reasonable accommodations, or time to bond with a new child. Employers generally cannot discriminate against you because of pregnancy, childbirth, or related medical conditions.
At Chami Law, we understand that dealing with your employer while navigating pregnancy, childbirth, or a pregnancy-related medical condition can feel overwhelming. You shouldn’t have to fight for your rights while caring for yourself and your family. We are here to help you understand your rights, take the burden off your shoulders, and pursue the legal protections you may be entitled to.
Pregnancy Discrimination
The California Fair Employment and Housing Act (“FEHA”) prohibits an employer from discriminating against an employee because of sex. Sex is defined to include pregnancy, childbirth, breastfeeding, and medical conditions related to pregnancy, childbirth, and breastfeeding.
Pregnancy discrimination can take many forms. An employer may treat you differently because you are pregnant, make negative comments about your pregnancy, deny you opportunities, refuse a reasonable accommodation, or take an adverse employment action because you requested pregnancy-related leave.
If you believe you have been treated differently because of your pregnancy or a related medical condition, Chami Law can help you understand whether your employer’s actions may have violated California law.
Pregnancy Disability Leave
In California, Pregnancy Disability Leave (“PDL”) is available to employees who are disabled by pregnancy, childbirth, or a related medical condition when their employer is covered by California’s pregnancy disability leave law. Generally, employers with five or more employees are covered. There is*no minimum length of employment or minimum number of hours worked required to qualify for PDL.
If you qualify, you may take PDL while you remain disabled by pregnancy, childbirth, or a related medical condition, for up to four months per pregnancy* based on the amount of leave you would otherwise be entitled to based on your work schedule and the period of actual disability.
Many people, including employers, do not realize how broadly pregnancy disability protections can apply. Pregnancy-related disabilities can include severe morning sickness, prenatal or postnatal care, bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, postpartum depression, conditions related to lactation, and physical or mental conditions arising from the loss of a pregnancy.
Pregnancy disability leave does not necessarily have to be taken all at once. Depending on your circumstances, it may be taken intermittently or through a reduced work schedule. This can be especially important for employees whose pregnancy-related conditions are temporary or occur periodically.
Unlike CFRA, PDL does not require you to have worked for your employer for a particular length of time or number of hours. Even employees who have been on the job for a short period of time may be eligible if they have a qualifying pregnancy disability and their employer is covered.
Pregnancy Accommodations
Pregnancy does not always mean that you need to stop working. Sometimes, a reasonable accommodation can allow you to continue doing your job while managing a pregnancy-related medical condition. If pregnancy disables you and your health care provider recommends a reasonable accommodation, your employer may be required to provide one. Depending on your circumstances, an accommodation may include modifying work practices or policies, changing job duties or schedules, allowing additional breaks, or, when appropriate, providing a temporary transfer to another position.
For example, if severe morning sickness is causing you to arrive late to work, talk to your doctor about your symptoms and whether a workplace accommodation may be appropriate. Your employer may be able to modify your schedule or make another reasonable adjustment that allows you to continue working. Similarly, you may need time away from work for prenatal appointments. Whenever possible, communicate with your employer about your medical appointments and any time you may need away from work.
The accommodation process is interactive. You generally do not have the right to demand a specific accommodation if another effective accommodation is available, but your employer cannot simply ignore your request. An employer also generally cannot force you to take leave when a reasonable accommodation would allow you to continue working.
If you cannot perform your job even with a reasonable accommodation, pregnancy disability leave may be an option.
Intermittent Pregnancy Leave
An employer cannot require you to take pregnancy disability leave simply because it would be easier for the employer. If you can continue working with an appropriate accommodation, you may have the right to do so. When leave is necessary, it does not always mean being completely away from work for months at a time. Pregnancy disability leave may be taken intermittently when medically necessary, meaning you may be absent for a few hours, a day, or other periods of time rather than taking your entire leave at once. The maximum PDL period is generally four months per pregnancy, calculated based on your normal work schedule and the duration of your pregnancy-related disability. California law also protects employees who need time away from work because of a miscarriage, stillbirth, or another physical or mental condition arising from the loss of a pregnancy.
Childbirth and Recovery
Pregnancy Disability Leave covers periods when you are actually disabled by pregnancy, childbirth, or a related medical condition. Recovery time can vary from person to person. Your health care provider may recommend additional time away from work if you are still experiencing a pregnancy-related disability. Conditions such as postpartum depression or other complications may also qualify for additional protections depending on the circumstances. If your doctor recommends additional time away from work, communicate that recommendation to your employer and provide any required medical certification.
PDL provides up to four months of pregnancy disability leave per pregnancy. However, PDL is not necessarily the only leave or protection available to you. Other laws, including the FEHA and CFRA, may provide additional rights depending on your circumstances.
Baby Bonding Leave
California provides eligible employees with job-protected leave to bond with a new child following birth, adoption, or foster placement. Under the California Family Rights Act (“CFRA”), eligible employees may generally take up to 12 weeks of job-protected leave within one year of the child’s birth, adoption, or foster placement. Generally, you must have worked for your employer for at least 12 months and have worked at least 1,250 hours during the preceding 12 months. The employer generally must have at least five employees.
If you have taken pregnancy disability leave, CFRA bonding leave may provide an additional period of job-protected leave after the pregnancy disability period. You do not have to take the entire 12 weeks at once. You can generally take bonding leave in separate periods, subject to the applicable requirements.
Because CFRA can also be used for other qualifying reasons, it is important to understand how your leave has been or will be designated. The amount of leave available can depend on the leave you take and the circumstances involved. If you are planning to take bonding leave, you should generally provide your employer with at least 30 days’ notice when the need for leave is foreseeable.
Reinstatement After Leave
Taking protected pregnancy or family leave should not mean giving up your job. Employees who exercise their right to take pregnancy disability leave generally have reinstatement protections, subject to limited exceptions. Depending on the applicable law and circumstances, an employer may be required to return you to the same or a comparable position after your leave. If you take leave under PDL or CFRA, your reinstatement rights may depend on the type of leave, your circumstances, and the applicable law. If your employer refuses to allow you to return to your position, gives your job to someone else, significantly changes your position, or treats you differently after you return from protected leave, it may be important to have a member of our team review what happened.
Breastfeeding and Lactation
After a baby is born, many working mothers choose to breastfeed or express breast milk during the workday. California law provides employees with rights to lactation accommodations, including reasonable break time and a private location to express breast milk. Depending on your circumstances, lactation-related medical conditions may also qualify for pregnancy disability protections. If your employer refuses to provide appropriate accommodations for breastfeeding or expressing milk, you may have legal options.
Compensation and Benefits During Pregnancy Leave
It is important to understand the difference between job-protected leave and wage replacement benefits. California’s State Disability Insurance (“DI”) may provide wage replacement when you are unable to work because of pregnancy, childbirth, or a related disability. After recovering from a pregnancy-related disability, eligible employees may also qualify for California Paid Family Leave (“PFL”) benefits while bonding with a new child. Paid Family Leave provides wage replacement benefits, but it does not itself provide job protection. Job protection may instead come from laws such as PDL, CFRA, or FMLA, depending on your circumstances. You may also have employer-provided disability, paid leave, or other benefits available to you. Because each program has different eligibility requirements, it is important to understand which protections and benefits may apply to your situation.
Retaliation or Denial of Pregnancy Rights
Unfortunately, some employers do not take pregnancy rights seriously. Your employer generally cannot retaliate against you for exercising protected rights or discriminate against you because of pregnancy, childbirth, or a related medical condition. Retaliation or discrimination may include:
- Terminating you because you became pregnant.
- Reducing your hours or responsibilities.
- Denying a reasonable pregnancy accommodation.
- Refusing legally protected leave.
- Disciplining you after requesting an accommodation or leave.
- Treating you differently from other employees.
- Denying you a promotion or other opportunity.
- Refusing to reinstate you after protected leave.
- Creating a hostile or uncomfortable work environment because of your pregnancy.
Sometimes the discrimination is obvious. Other times, it happens gradually or is disguised as an ordinary workplace decision. If your treatment at work changed after you became pregnant, requested an accommodation, took leave, or returned from leave, the timing and circumstances may be important.
You Don't Have to Fight for Your Rights Alone
Pregnancy, childbirth, and becoming a parent can already bring enough changes to your life. You should not have to worry that protecting your health or caring for your child will cost you your career.
At Chami Law, we represent employees who have experienced pregnancy discrimination, denied accommodations, leave violations, retaliation, or other unfair treatment at work. We take the time to understand what happened, review the circumstances surrounding your employment and leave, and help you determine what legal protections may apply.
You do not need to know whether your situation qualifies as pregnancy discrimination or whether you are entitled to PDL, CFRA, or another form of protected leave before reaching out. We’re here to help you understand that. Contact us today for a free, confidential consultation to discuss your situation and learn about your options.
