Expectant mothers often wonder about their rights in the workplace. California provides several legal protections to ensure pregnant employees are treated fairly and can continue working during pregnancy.
Telling your employer
Sharing your pregnancy news with your employer can be daunting. Many women worry that others see them as less committed to their jobs. Yet, it is essential to inform your employer when your pregnancy affects your work or punctuality. Legal protections only apply once your employer knows you are pregnant. You can notify them verbally, via email, or through a formal letter. Documenting this communication helps establish that your employer is aware.
If you require accommodations due to pregnancy, inform your employer in writing. For instance, if morning sickness affects your arrival time, explain the situation in a short email. This initiates the process for receiving necessary accommodations.
Understanding pregnancy discrimination
California’s Fair Employment & Housing Act (FEHA) prohibits discrimination based on sex, which includes pregnancy, childbirth, and related medical conditions. Employers must treat pregnant employees like others with similar work abilities or limitations.
The Pregnancy Disability Leave Law (PDLL) offers additional protection. It covers medical conditions like severe morning sickness and post-partum depression. You can take leave for these conditions without worrying about job security. PDLL applies regardless of your tenure at the job and allows up to four months of leave.
Accommodations and recovery
Pregnancy often brings health challenges. Communicate any work-related issues with your doctor and employer. Work together to find suitable accommodations. If severe morning sickness causes lateness, discuss schedule modifications with your employer.
PDLL covers childbirth and recovery periods. Regulations provide guidelines for recovery time based on delivery type. Your doctor may recommend additional time off, which you should communicate to your employer. If you exhaust the PDLL leave, FEHA may offer further accommodation.
Baby bonding leave and breastfeeding
California offers baby bonding leave through the California Family Rights Act (CFRA) and the New Parent Leave Act. You can take up to 12 weeks to bond with your baby, provided you meet specific criteria. Notify your employer 30 days in advance.
For breastfeeding mothers, employers must provide reasonable break time and a suitable location to pump milk. This should not disrupt workplace operations.
Compensation and benefits
Expectant mothers can explore compensation options from the state during pregnancy and bonding leave. Check with the Employment Development Department for benefits like Paid Family Leave and Disability Eligibility. Discuss with your employer about maintaining employment benefits during leave.
Addressing retaliation or denial of rights
Most employers follow the law, but some may not. If your employer denies leave, disciplines you, or discriminates against you due to pregnancy, consider consulting a lawyer. The law protects pregnant women from harassment and discrimination.
In cases of discrimination, you may recover lost wages, emotional distress damages, and attorney fees. California laws aim to support expectant mothers and ensure a fair workplace during this significant life event.