California law protects pregnant employees by granting time off during pregnancy and after childbirth, requiring accommodations that allow work to continue safely, and prohibiting discrimination tied to pregnancy or related conditions. Job security continues throughout this period, and employers are not permitted to reduce pay, change assignments, or take adverse action because of pregnancy.
If you believe your pregnancy rights have been violated, call The Law Offices of Jeremy Pasternak at (415) 693-0300 to discuss your case.
California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy, childbirth, or any related medical condition. Protections apply to employees and job applicants.
Workers have the right not to be fired or demoted because of pregnancy. They also have the right to be considered for promotions, training, and equal employment terms on the same basis as others. Protection extends to workplace treatment, which means employees have the right not to be harassed because of pregnancy. Rights apply from the job application stage through the full course of employment.
California’s Fair Employment and Housing Act (FEHA) includes a provision that grants employees the right to Pregnancy Disability Leave (PDL). PDL applies when pregnancy, childbirth, or a related medical condition prevents an employee from working. The entitlement extends up to four months for each pregnancy.
Conditions that can qualify can include:
A healthcare provider determines whether pregnancy creates a disability.
Leave may be taken as a continuous block of time or intermittently, such as for medical appointments or partial absences. During this period, employees have the right to job reinstatement in the same role or a comparable position. Pregnancy Disability Leave is distinct from parental or bonding leave, which provides additional time off after disability ends.
After Pregnancy Disability Leave ends, employees have the right to take parental bonding leave under the California Family Rights Act (CFRA). CFRA provides up to 12 weeks of leave for bonding with a new child, and the protection applies to both mothers and fathers.
The federal Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. Leave can be used for a serious health condition, including pregnancy, or for bonding with a new child. Eligibility depends on the size of the employer and the number of hours worked in the year before leave is taken.
Pregnancy Disability Leave allows up to four months off when pregnancy or childbirth creates a medical disability. After that period ends, the California Family Rights Act provides 12 weeks of parental bonding leave. In total, employees may have as much as seven months of protected leave connected to pregnancy and bonding. For employees who qualify under federal law, FMLA protections usually run at the same time as CFRA, so they do not add extra weeks beyond what state law already provides.
Pregnancy Disability Leave, CFRA, and FMLA provide job protection but do not guarantee wages during time away from work. Employees keep their position and benefits, but the laws themselves do not require an employer to continue pay.
California offers separate programs that provide partial wage replacement during leave. State Disability Insurance (SDI) covers periods when an employee cannot work because of pregnancy or childbirth. After disability ends, Paid Family Leave (PFL) provides wage replacement during bonding leave with a new child.
SDI and PFL replace income, while PDL, CFRA, and FMLA protect the right to take time away and return to work. Employees may qualify for both types of protections at the same time.
California law gives pregnant employees the right to request reasonable accommodations tied to pregnancy-related medical needs. An accommodation is a change to job duties or the work environment that allows an employee to continue working safely. Employers are required to engage in a process with the employee to identify workable solutions, and they cannot retaliate against an employee for making a request.
Example accommodations employees can request:
California law grants employees the right to lactation accommodations when returning to work after childbirth. Employers are required to provide:
Employers are required to engage in a process with the employee to identify workable solutions. Retaliation for requesting lactation accommodations is prohibited.
Pregnancy rights are clear in California law, yet employers still find ways to ignore or sidestep them. Some of the most common violations include:
Each action directly conflicts with the protections California law provides and can form the basis of a case if documented and challenged.
Employees who face discrimination, denial of leave, or refusal of accommodations have the right to take action. When problems arise, careful documentation provides the foundation for any case. Write down what happened, who was involved, and when. Keep copies of emails, text messages, or other written communications that show how the situation unfolded.
Reviewing company policies can also be useful to see how the employer describes obligations related to pregnancy leave or accommodations. After gathering records, speaking with an employment attorney offers a way to evaluate the situation under state and federal law. Our attorneys can explain available options and pursue a resolution when an employer has failed to follow the law.
Employees denied pregnancy rights can pursue a complaint with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing, or with the Equal Employment Opportunity Commission (EEOC). Both agencies investigate workplace discrimination and have authority to act against employers.
In California, CRD complaints generally must be filed within one year of the violation. EEOC complaints must be filed within 300 days. Missing those deadlines can prevent further legal action.
Once a complaint is filed, the agency notifies the employer and reviews the claim. The process can include collecting records, interviewing witnesses, and requiring a response from the employer. Outcomes may include mediation, settlement, or a right-to-sue notice that allows the employee to file a case in court.
A lawyer can strengthen this process by drafting the complaint clearly, tracking deadlines, and shaping arguments in line with state and federal law. Legal representation also provides support in agency settlement discussions and in court after a right-to-sue notice is issued.
Employees who lose out on leave, accommodations, or fair treatment because of pregnancy are not left without options. Our lawyers can examine what happened, compare it against what California and federal law require, and take steps to hold the employer accountable. That may include negotiating a resolution, filing an agency complaint, or pursuing a case in court.
The Law Offices of Jeremy Pasternak has experience handling workplace rights cases in California, including those that involve pregnancy leave, discrimination, and accommodations. If you believe your rights have been violated, contact our office to discuss your situation. Call us today at 415-693-0300 or send us a message to arrange a consultation.
Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this content does not create an attorney-client relationship with The Law Offices of Jeremy Pasternak. Employment law varies by state and situation, and legal outcomes depend on specific facts and applicable laws. While we make every effort to ensure accuracy, laws change, and unintended errors or omissions may occur. For advice on your particular circumstances, consult an attorney.
