Comprehensive Protections for Pregnant Workers in California
In California, both federal and state laws provide essential rights and protections to pregnant workers.
Pregnancy Discrimination and Employment Rights
Central to these protections is the Pregnancy Discrimination Act (PDA), a federal law that prohibits discrimination against employees due to pregnancy, childbirth, or related medical conditions.
The PDA mandates that pregnant women must be treated equally in all aspects of employment, including hiring, promotions, and job assignments. Employers are prohibited from terminating or penalizing employees because they are pregnant or dealing with pregnancy-related medical issues.
Maternity and Disability Leave
California offers some of the most extensive leave rights in the nation for pregnant workers and new parents.
First, employees have up to four months of Pregnancy Disability Leave (PDL) if they are unable to work due to a pregnancy-related disability. This leave can be used for conditions like severe morning sickness, doctor-recommended bed rest, and recovery from childbirth. During PDL, employers must continue providing health benefits as if the employee were still working.
Beyond PDL, the California Family Rights Act (CFRA) provides an additional 12 weeks of unpaid, job-protected leave to allow new parents to bond with their children. This can be taken after PDL, allowing for an extended period of leave for mothers in California.
The federal Family and Medical Leave Act (FMLA) also grants eligible employees up to 12 weeks of unpaid leave for childbirth and bonding. Generally, FMLA leave runs concurrently with CFRA leave.
Financial Support During Leave
California’s Paid Family Leave (PFL) program offers up to eight weeks of partial wage replacement for parents who take time off work to bond with a new child. An employee may receive these payments during the weeks that they take otherwise-unpaid leave offered under the CFRA and FMLA.
Rights After Returning from Leave
When returning to work after maternity leave, pregnant employees are entitled to return to their original position or an equivalent role, as mandated by the CFRA and FMLA.
Employers are prohibited from retaliating against employees for taking leave. Retaliation includes any adverse changes to their job responsibilities, pay, or benefits. If an employee needs ongoing accommodations due to postpartum conditions, employers must provide reasonable adjustments to help them perform their job effectively.
Protections for Nursing Mothers
California law and federal regulations provide clear protections for nursing mothers in the workplace. California Labor Code and the federal PUMP Act require employers to offer reasonable break times for mothers to express breast milk. Employers must also provide a private, clean space where mothers can comfortably pump; a bathroom does not qualify.
These accommodations are crucial for supporting the health and well-being of both the mother and the child during the transition back to work.
Proving Your Pregnancy Discrimination Case
There are two primary ways to establish discrimination: through direct evidence, such as discriminatory comments made by your employer, or through circumstantial evidence, which shows that you were performing your job satisfactorily and faced adverse action due to your pregnancy or related condition.
To build a strong case, you’ll need to demonstrate several key elements:
- Employer coverage: The state or federal pregnancy discrimination laws apply to your employer.
- Adverse employment action: The employer took a negative action against you, such as firing, demotion, or refusal to hire.
- Discriminatory motive: Your pregnancy, childbirth, or related medical condition was a significant factor in the employer’s decision.
- Resulting harm: You suffered tangible harm, such as lost wages, as a result of the discrimination.
Compensation for Your Pregnancy Discrimination
Pregnant women who experience workplace discrimination may be entitled to several types of compensation:
- Back pay: Wages and benefits lost due to wrongful termination or discrimination.
- Front pay: Compensation for future income if reinstatement to your previous position is not possible.
- Non-economic damages: Consideration for emotional distress or psychological concerns caused by the loss of your job.
- Injunctive relief: Court orders that require the employer to accommodate pregnant employees.
If you win your pregnancy discrimination case, the court may order your employer to make you whole. This may involve repaying you for lost income or giving you your job back.
Understanding the Time Limit for Filing a Pregnancy Discrimination Claim
In California, the window to file a pregnancy discrimination claim depends on what type of claim you file. For example, you have three years to file a claim with the California Civil Rights Department. However, civil lawsuits may have much shorter deadlines.
Consult a Los Angeles pregnancy discrimination attorney as soon as possible to learn the deadlines for your case and preserve your right to pursue legal action.
