At the Leichter Law Firm, APC, the Los Angeles employment law attorney Aryeh Leichter knows there is often much confusion about the pregnancy protections that apply in different-sized California workplaces.
In California, several state and federal laws protect pregnant employees in small businesses. These protections ensure that pregnant employees are treated fairly and can access necessary accommodations and leave.
Here’s an overview of the critical legal protections.
Pregnancy Disability Leave (PDL)
PDL applies to employers with five or more employees, covering most small businesses in California. Pregnant employees are entitled to up to four months of leave for pregnancy-related disabilities, including childbirth and recovery. This leave can be taken intermittently or continuously, depending on the employee’s needs and the advice of their healthcare provider.
PDL is a job-protected leave, meaning that employees must be reinstated to the same or a comparable position upon returning from leave. During PDL, employers must continue to provide health insurance coverage for employees under the same terms as if they were working.
California Fair Employment and Housing Act (FEHA)
FEHA applies to employers with five or more employees. FEHA prohibits discrimination, harassment, and retaliation based on pregnancy, childbirth, or related medical conditions.
Employers must provide reasonable accommodations to pregnant employees, such as modified duties, more frequent breaks, or a temporary transfer to a less strenuous position, if necessary. The law also requires employers to engage in an interactive process with the employee to determine appropriate accommodations.
Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
FMLA and CFRA apply to employers with 50 or more employees, so they may not apply to very small businesses. However, when applicable, they provide additional protections.
Eligible employees can take up to 12 weeks of unpaid, job-protected leave for bonding with a new child or for their serious health condition, which can include pregnancy-related complications.
PDL and CFRA can be used consecutively, potentially extending an employee’s total amount of protected leave.
Reasonable Accommodation and Transfer Rights
Employers must engage in an interactive process with pregnant employees to identify reasonable accommodations that enable them to perform their jobs safely.
If a pregnant employee’s regular job duties pose a risk to her health or the health of her pregnancy, the employer must consider temporarily transferring her to a safer, available position if one exists.
Protection Against Retaliation
Employers cannot retaliate against employees who request or take pregnancy-related leave or seek accommodations. Retaliation includes actions like demotion, reduction in hours, or termination.
If you believe your employer is violating any state or federal workplace laws that protect your workplace rights during your pregnancy, contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique circumstances, starting with a free consultation by calling (818)-915-6624 or contacting the firm online.