Pregnancy is not only the gift of giving life but a critical part of the circle of life. Despite this, many employers fire pregnant employees, even as soon as the day she announces her pregnancy.
According to a recent analysis report published by the non-profit organization A Better Balance, pregnant working women are forced out of their positions simply for asking for minimal accommodations to continue working. In addition, A Better Balance discovered that approximately two-thirds of women are not successful in their Pregnancy Discrimination Act accommodations cases under the current legal structure. The federal Pregnancy Discrimination Act (PDA) mandates your employer to provide reasonable accommodations for pregnancy-related medical conditions. However, not every employer follows the letter of the law, and in some cases, consulting an attorney may be prudent, even necessary.
California Laws Related to Pregnancy and The Workplace
Federal Law and Pregnancy
California has its own laws to help prevent discrimination against pregnant women and aid the successful obtainment of simple accommodations required to continue their jobs.
Under the California Fair Employment and Housing Act (FEHA), qualifying employers must provide reasonable accommodations to pregnant women who have a medical condition related to their pregnancy, making it slightly more challenging for them to accomplish certain tasks.
California Laws Related to Pregnancy
In addition, California law stipulates employers must provide pregnant employees unpaid leave for periods, whether temporarily incapacitated by their pregnancy, childbirth, or related medical conditions and disability (as a job-protected leave). The use of Paid Disability Leave (PDL) may also occur intermittently by pregnant employees attending, for example, prenatal appointments like ultrasounds. The PDL provisions apply to any pregnant employee employed by employers with five or more employees, with a new annual leave entitlement of four months per pregnancy.
Bonding with Child After Pregnancy, Adoption, or Foster Care Purposes
Bonding leave is another way employers can be considerate and respectful of their employees and follow the law. Employees eligible for California Family Rights Act (CFRA) leave may take up to 12 weeks for childbirth. CFRA leave is a stand-alone leave policy that is not administered concurrently to PDL as CFRA leave does not include pregnancy itself.
Paid Family Leave for New Parents
Only a few states offer paid family leave (PFL), California being one of them. While taking time off to bond with a child, new parents can receive partial wages from the state. State law provides claimants through PFL (Paid Family Leave) approximately 60 to 70 percent of their weekly salary.
What Types of Accommodations Might be Requested and Why?
Pregnancy symptoms, diagnosis, physician recommended treatments to ensure the safety of the fetus, as well as medical conditions that may arise during pregnancy, include, but are not limited to:
- Morning sickness
- Backpain
- Gestational Diabetes
- Preeclampsia
- Postpartum depression
- pregnancy-related hypertension
- Bed rest requirement
- Childbirth and recovery
- Recovery from cesarean section (C-section)
- Postpartum hemorrhages
- Surgical infections or complications
- Increase in frequency of OBGYN visits
- Hemorrhoids
- Sleep loss
- Loss or end of a pregnancy
The above list may seem lengthy to someone unfamiliar with pregnancy. However, employees have the right to simple yet effective solutions available for nearly every element listed. For example, special chairs greatly assist with backpain or additional padding for hemorrhoids. Further, many symptoms can be alleviated by sitting for a shift at work and, in contrast, standing while working or switching positions to alleviate strains or pressures. In order to reduce the risk of blood clots, stretch breaks are helpful, as is a moderate break for blood sugar and diabetic monitoring, and in other instances, merely accommodating a few additional medical appointments. Some women may choose to take one of the leaves provided under law, such as in bed rest situations.
In contrast, others may request remote work (which is increasingly popular for millions of workers in the US and across the world). Slight adjustments to workday schedules, accommodating and honoring rightful postpartum leave and maternal (or paternal/family) leave. Additionally, these conditions are what the laws are intended to accommodate.
Returning from Leave: Reinstatement & Lactation Accommodations
(Cal. Code Regs. tit. 2, § 11043) On PDL leave conclusion, the employer must reinstate the employee to the same position they had prior to the leaves start. An employer is excused from employee reinstatement of the original position only when provable by a preponderance of the evidence that an employee would not have otherwise been employed upon their return for circumstances unrelated to the leave.
Employers must reinstate employees to comparable positions if not their prior position. An employee re-entering the workplace from CFRA bonding leave is entitled to reinstatement to their previous position or an equivalent.
Right to Private Lactation Accommodations
California Labor Codes under Sections 1030-1034.
After giving birth, employees are entitled to any needed lactation accommodations. Employees in California must be able to take provided reasonable breaks for such purposes. The employee should have access to tend to these needs privately in a setting that is a reasonable distance from their regular workspace.
Importance of Employee and Employer Education
Employers and employees must understand the laws protecting pregnant workers. Both California and Federal laws intend to help female employees remain in the workforce, maintain productivity, and continue their positions while preserving their entitled benefits during and after pregnancy. Employers can avoid legal disputes, tarnished reputations, and lawsuits by doing what is right (and mandated) by law. Employers should also follow these laws to cement their respect for all employees, as we all have families.
Unfortunately, the US workplace and even California, which is ahead of many other states regarding policy related to pregnant employees, still see employers denying accommodations for pregnant employees.
If an employer has violated your rights, is refusing to accommodate, dismissing the laws discussed or refusing to reinstate unjustly, contact our experienced employment litigation attorneys immediately.
An experienced employment lawyer like those at SANFORD A. KASSEL, A Professional Law Corporation have years of experience, a comprehensive understanding of the law, and can help you successfully navigate your case.
