Pregnancy is a special time, but it also involves substantial physical changes and limitations, even when the pregnancy proceeds as normal. It’s not uncommon to find the physical changes and special needs of pregnancy presenting challenges in the workplace. Fortunately, both federal and state laws protect women in the workforce, including pregnant women. It’s crucial to know your legal rights in the workplace, including the right to reasonable accommodations during pregnancy in California.
What Law Requires California Employers to Make Reasonable Workplace Accomodations for Pregnancy?
The Pregnant Workers’ Fairness Act (PWFA) requires employers to make reasonable accommodations for pregnant women in the workforce. Under the Fair Employment and Housing Act (FEHA), California expands this law to apply to all employers with five or more full or part-time employees. Employers must comply with a reasonable accommodation request from an employee during pregnancy or childbirth recovery, as long as doing so does not cause the employer undue hardship.
Common examples of reasonable accommodations during pregnancy in California include the following:
- Providing a chair or stool so that an employee doesn’t have to stand
- Increasing breaks
- Moving a workstation closer to the restroom for easier/more frequent access
- Allowing snacks and water at a workstation
- Allowing a flexible work schedule to accommodate frequent medical appointments
- Replacing desk chairs with more ergonomically designed seats or workstations
- Allowing remote work when feasible, such as for a pregnant employee on bed rest
- Temporary transfers to safer positions to avoid exposure to dangerous chemicals
- Modifying work duties to avoid harmful job tasks, such as heavy lifting, stretching, or bending
- Modifying dress codes or uniforms
Reasonable accommodations also include time off, flexible scheduling, and other job modifications during the postpartum recovery period.
Pregnancy Disability Leave (PDL) as a Reasonable Accommodation
When an employee in California develops a pregnancy-related medical condition that makes continuing to work a significant risk, California’s Pregnancy Disability Law compels employers with five or more full or part-time employees to allow the employee to take Pregnancy Disability Leave (PDL). PDL allows up to four months of job-protected, unpaid leave. The employer must continue to provide the employee’s health insurance and other benefits during their leave, but the employee remains responsible for paying their share of the premiums that are otherwise deducted from their pay.
PDL is a reasonable accommodation when the employee has a medical condition, such as one that requires bed rest or close medical monitoring. PDL is also available to pregnant employees during their final days before labor and delivery, and during the postpartum recovery period. Then, the employee may take an additional 12 weeks of job-protected leave for family bonding under the California Family Rights Act (CFRA).
How Can a California Employment Lawyer Help My Case?
California takes the rights of pregnant women in the workforce seriously, with an array of protections under both state and federal laws. If an employer denies your legal rights or takes retaliatory measures due to your exercising your right to pregnancy accommodations, call or contact Sparrow Law Group online to learn more about your protected rights, including to reasonable accommodations and maternity leave.