Pregnancy is a transformative and exciting time in a woman’s life. However, for many working mothers-to-be, this joyous time can also bring uncertainty and anxiety about their workplace rights.
At Elite Employment Law, we have been protecting the rights of California employees for decades, including the rights of pregnant workers. We have a deep understanding of the complexities of maternity leave, pregnancy accommodations, and protection against discrimination.
If you are concerned about pregnancy discrimination, we want to help. Contact Elite Employment Law today to schedule a free confidential consultation. Our Irvine employment law attorney will answer your questions, explain your rights, and help you decide your next steps.
California Pregnancy Protection Laws
California stands at the forefront of employee rights, offering some of the most comprehensive pregnancy protections in the nation. While federal laws like Title VII and the Family and Medical Leave Act (FMLA) provide a baseline of protection, California goes above and beyond with additional protections including:
These state-specific laws often provide broader coverage and more extensive benefits than the federal pregnancy laws. It is important to know about these laws and how they can be used to protect the rights of pregnant employees.
Pregnancy Disability Leave (PDL)
Under the PDL, employees in California are entitled to up to four months of unpaid leave for conditions related to pregnancy, childbirth, or related medical issues. This leave can be taken for a variety of reasons, including:
- Severe morning sickness
- Prenatal or postnatal care
- Bed rest
- Gestational diabetes
- Pregnancy-induced hypertension
- Preeclampsia
- Postpartum depression
- Recovery from childbirth
- Loss or end of pregnancy
PDL is available to eligible employees regardless of how long they have been with their employer. This means you could potentially access these benefits from your first day on the job.
California Family Rights Act (CFRA)
CFRA provides eligible employees with up to 12 weeks of unpaid, job-protected leave to bond with a new child (including adopted or foster children) or to care for their serious health condition.
While CFRA does have eligibility requirements related to length of employment, it can be used in conjunction with PDL, potentially allowing for up to seven months of protected leave in certain circumstances.
Reasonable Accommodations
California law requires employers to provide reasonable accommodations for pregnant employees. These may include:
- Modified work duties
- Ergonomic adjustments
- Additional break times
- Temporary transfers to less strenuous positions
If you need accommodations due to your pregnancy, it is important to communicate with your employer and, if necessary, provide documentation from your healthcare provider.
Wage Replacement Benefits
While most pregnancy-related leaves are unpaid, California offers several programs to help offset lost wages:
- State Disability Insurance (SDI) provides partial wage replacement for pregnancy-related disabilities.
- Paid Family Leave (PFL) offers wage replacement benefits for bonding with a new child.
Our attorney at Elite Employment Law can help you navigate these programs to maximize your benefits during your leave.
Reinstatement Rights
Generally, employees have the right to return to the same or a comparable position after their pregnancy-related leave. However, there are some exceptions, such as in cases of company-wide layoffs or if holding the position open would cause undue hardship to the business. If you are not reinstated to your previous role, you should consult with an experienced Irvine pregnancy discrimination attorney to understand your rights.
Protection Against Discrimination, Harassment, and Retaliation
Both California and federal laws prohibit discrimination, harassment, and retaliation based on pregnancy. This protection covers various aspects of employment, including:
- Hiring decisions
- Promotions
- Job assignments
- Performance evaluations
- Termination
If you believe you have been subjected to unfair treatment due to your pregnancy, Elite Employment Law wants to help. Contact us today to schedule a consultation.
Contact Our Irvine Pregnancy Discrimination Lawyer Today
If you have questions about maternity leave or pregnancy accommodations or believe you have experienced discrimination, contact Elite Employment Law today. We are here to ensure that your rights are protected, allowing you to focus on what matters most – preparing for the arrival of your new family member.
Remember, pregnancy should be a time of joy and anticipation, not workplace anxiety. Let us help you navigate your employment rights, so you can embrace this special time with confidence and peace of mind. Contact us today to schedule your free confidential consultation to discuss all your pregnancy workplace concerns.