During pregnancy, the body undergoes substantial changes, making it challenging to perform some job tasks as you did before the pregnancy. In some cases, pregnancy can leave you vulnerable to medical conditions that require additional precautions and specialized care. Fortunately, both state and federal employment laws support women’s rights in the workplace, including pregnant women. These workplace protection laws in California allow a pregnant employee to make a reasonable request for accommodations at work so they may continue earning, or take unpaid pregnancy disability leave for a more challenging condition. Choosing which option applies in your situation is an important determination to make before taking action under California’s legal protections.
What Is a Reasonable Accommodation Request During Pregnancy?
The physical changes of pregnancy and the extra precautions required to protect the unborn child sometimes present challenges in the workplace. Under California’s Fair Employment and Housing Act (FEHA), a pregnant employee has the right to reasonable accommodations at work if the employer has more than five employees and the accommodation does not cause undue hardship, such as significant financial losses or decreased productivity. Common examples of reasonable accommodations during pregnancy include the following:
- Increased break time or more frequent bathroom breaks
- Closer access to restrooms
- Allowing snacks and water in the workspace
- Supplying a chair or stool for work that’s normally done while standing
- A flexible schedule to work around medical appointments
- Temporary light duty or a modification of assigned tasks to avoid heavy lifting, climbing, stretching, or bending
- Temporary reassignment to avoid exposure to dangerous chemicals, equipment, or materials
- An ergonomically designed chair to reduce back or pelvic floor pain
- Adjustments to the typical dress code or uniform
- Remote work from home if feasible, or a modified schedule to allow part-time remote work and in-person work
Reasonable accommodations also apply during the postpartum period and after returning from maternity leave. For instance, a breastfeeding mother has the right to a clean, private space to pump milk under state and federal laws, as long as providing a space doesn’t cause hardship to the employer.
When Should I Take Pregnancy Disability Leave (PDL) In California?
Pregnancy sometimes takes a higher-than-expected toll on the body, resulting in more precarious temporary health conditions, like pre-eclampsia, hyperemesis gravidarum (HG), gestational diabetes, pre-term delivery risk, doctor-ordered bedrest, severe edema, or anemia. When a pregnant employee develops a medical condition that prevents them from safely doing their job, a workplace accommodation may not be enough to protect the health and safety of mother and child. In these cases, California’s robust workplace protections for women allow job-protected unpaid leave under the Pregnancy Disability Leave (PDL) law.
All California employers with five or more employees are subject to PDL laws requiring them to allow a pregnant employee up to four months of unpaid leave, during which they must continue to provide the employer’s share of the employee’s health insurance premiums and other benefits. The law also prohibits retaliation and wrongful termination when an employee exercises their right to PDL.
How Can a California Employment Lawyer From Sparrow Law Group Help?
If you have questions about your rights and protections under FEHA and PDL in California, or believe that your employer has violated your rights, call or contact Sparrow Law Group to learn more about how to assert your rights, file a complaint, or recover compensation for lost income and benefits.