How California law protects pregnant and postpartum employees. These are your rights
Pregnant employees and new mothers now have more federal protections throughout pregnancies and postpartum recovery from their employers, thanks to the new Pregnant Workers Fairness Act — but California remains among the most protected in the nation.
The act was signed into law by President Joe Biden last year, and is enforced by the U.S. Equal Employment Opportunity Commission as of June 27.
The law requires that employers provide “reasonable accommodations” for pregnant people related to their pregnancy, childbirth or a related medical conditions. Employers are mandated to accommodate requests if they have a minimum of 15 employees.
For California, state laws offer wider protections.
Here’s what you should know and how to request accommodations from your employer:
Pregnant worker rights in California
The California Family Rights Act provides pregnant workers in California with “reasonable accommodation,” plus other rights.
Here are pregnant workers rights in California, according to the State of California Civil Rights Department:
▪ A California worker can receive up to four months of disability leave, in addition to their employer’s allotted pregnancy leave. If the pregnant worker is disabled for longer than four months, they may qualify for a longer disability period through reasonable accommodation.
▪ Pregnant workers can request to be transferred to a less strenuous job while pregnant.
▪ You can request for reasonable accommodation while pregnant. This can include a stool, longer breaks, or even more frequent breaks.
▪ California law prohibits employers from firing a pregnant worker for being pregnant or for taking disability leave.
▪ When a pregnant worker returns to work their employer must have their same position available, or a similar position with the same pay, working hours and located in the same geographic location.
The new federal law doesn’t change anything for pregnant workers in California.
The Golden State remains among one of the states with the strongest pregnant worker protection laws and are protected by the California Fair Employment and Housing Act. These laws already protect pregnant workers against discrimination. They also provide protection for those who work for employers with up to five employees, versus the federal workers fairness act applies to employers with 15 or more employees.
However, the state does not require employers to provide paid parental leave for its employees, according to the California Civil Rights Department. Instead, eligible employees can apply for leave pay through the Paid Family Leave program. The state benefit allows for workers to take time off to either: bond with their new child; care for an ill family member; participate in a family members military deployment.
“PFT provides benefit payments but not job protection. Your job may be protected by other laws, such as the Family and Medical Leave Act or the California Family Right Act,” according to the California Civil Rights Department website.
Your employer may also have a separate benefits package.
How to request accommodation and start a charge (if needed)
Joseph Olivares, spokesman for the U.S. Equal Employment Opportunity Commission, told The Bee in regards to filing a claim: “It is rather difficult to tell how long the process takes, as every case is different in its complexity.”
Below are steps you can consider when preparing to speak to your employer, plus how to take action if they deny your request, according to the U.S. Equal Employment Opportunity Commission:
1. Schedule a conversation with your employer to seek proper accommodations at work.
2. Explain what physical or mental hardships you are experiencing at work due to your pregnancy, childbirth or related medical condition.
3. Provide your employer with ideas — if you have them — on ways to improve your work life.
4. If your employer rejects your request, provide them information on the EEOC’s page. and reach out to EEOC office for next steps.
5. You can file a federal claim on the EEOC public portal, or you can file a claim through the State of California Civil Rights Department.
Who qualifies?
Anyone who is pregnant, has given birth or has a related medical condition as a result of their pregnancy is covered under California’s Family Rights Act.
How long does the process take if you file a claim?
It is important to note that the quicker you file a request, the better for your case as there are “strict time limits in which a person can file a charge,” Olivares said about filing a claim.
“The best advice is for parties to reach out to the EEOC in a timely manner either within 180 and 300 days, depending on the state where the person was discriminated,” Olivares said.
What do you want to know about life in Sacramento? Ask our service journalism team your top-of-mind questions in the module below or email servicejournalists@sacbee.com.
