Pregnant women in the workforce are a protected class under both the federal Civil Rights Act and California’s Fair Employment and Housing Act (FEHA). Under these protections, you have the right to request reasonable accommodations at work, the right to unpaid Pregnancy Disability Leave (PDL), and the right to take maternity leave under California’s Fair Employment and Housing Act (FEHA).
It is important to note that a pregnant employee also has obligations, including knowing when to inform an employer about the pregnancy. There is no legal requirement to inform your employer immediately after learning you are pregnant. However, you should provide notice at least 30 days before taking Pregnancy Disability Leave or as soon as you need workplace accommodations. The right timing depends on your specific situation and workplace needs.
A Pregnant Employee’s Obligations Under California’s Civil Rights Department
When considering the rights and protections of California’s employment law, it’s often the employers’ obligations we focus on, including an employer’s requirement to accommodate an employee’s special needs and leave time during and after pregnancy, as long as they don’t cause undue hardship. But, the California Civil Rights Department (CRD) also states the following:
“To receive a reasonable accommodation, obtain a transfer, or take PDL, you must give your employer sufficient notice for your employer to make appropriate plans.”
According to California’s employment law, a pregnant employee has an obligation to give their employer reasonable notice before exercising any of their legally protected rights. CRD goes on to describe “reasonable notice” as follows:
- At least 30 days’ notice before taking PDL, or requesting a foreseeable accommodation, or
- Giving notice as soon as possible if an emergency need, or one that was unforeseeable, arises
- Except when a medical emergency occurs, a pregnant employee must provide a medical certification to their employer stating their need for a workplace accommodation or PDL
A medical certification from a doctor does not have to state any diagnosis or personal health information, but it must verify that the accommodation or leave is medically required. An employer must allow at least 15 days for you to provide the certification.
Since California employers are required to have information about PDL and pregnancy accommodations available and publicly accessible in the workplace, they often have pre-printed medical certifications for a doctor or other medical provider to fill out.
So, When Should You Tell Your Employer?
In most cases, the right time to tell your employer is when your pregnancy begins to affect your work, or when you plan to take leave. Providing at least 30 days’ notice helps ensure your rights are protected and gives your employer time to make necessary arrangements.
Am I Eligible for Leave Under the California Family Rights Act?
Once you’ve told your employer about your pregnancy and given sufficient notice, you have the right to exercise all of the legally protected options open to you. This includes the right to reasonable accommodations, such as a transfer to light-duty work to avoid heavy lifting, a stool or chair for work normally performed while standing, or a flexible schedule to accommodate medical appointments. You also have the right to take job-protected PDL if you develop a complication, medically complex circumstance, or pregnancy-related disability. You may also qualify for State Disability Insurance (SDI) benefits to pay a portion of your income during PDI or maternity leave. You are eligible for these protections as long as your employer has five or more employees and you’ve worked for the employer for at least 12 months, even if the months of work were non-consecutive.
How Can a California Employment Lawyer Help Me?
If you have questions about your protected employment rights during your pregnancy and maternity leave, or your employer has violated your rights, retaliated against you, or wrongfully terminated your employment, call the experienced California employment attorneys at Sparrow Law Group for skilled, assertive legal representation.