California Pregnancy Discrimination Lawyer

A pregnant employee who wants a pregnancy disability leave must provide her employer with notice of her need for leave at least 30 days before it begins, either verbally or in written form. If less time is necessary, the pregnant employee must inform their employer as soon as possible.

Some California employers may require medical certification or written communication from the employee’s health care provider stating that she is disabled due to pregnancy. This written document will contain the date the employee became disabled due to pregnancy and the probable length of her disability. It will also contain an explanatory statement that the employee is unable to work at all or unable to perform any one or more of the essential functions of her position without putting herself or her pregnancy at risk.

California allows paid pregnancy leave through the Family Leave program. Pregnant employees can receive four weeks of disability insurance benefits before delivery and up to eight weeks after delivery.

Pregnancy discrimination can also be when the employer refuses to allow pregnant women on their payroll to make requests to accommodate their needs. What would count as workplace accommodation? It could be any number of things, including the ability to use the bathroom as needed, more breaks for drinking water or eating as necessary, medication breaks, an extra stool at the cashier area for rest, changes to the regular work schedule, or more telecommuting days. California pregnancy law prohibits employers from retaliating against pregnant employees who request such accommodation.

Workplace retaliation after receiving a request to accommodate pregnancy-related disabilities is a form of pregnancy discrimination. However, no employer should create additional employment that otherwise would not have been created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job to accommodate a pregnant woman.

Pregnancy discrimination does not simply apply to current employees but also to those actively searching for a job. Some employers don’t wish to deal with maternity leave, so they will turn down potential employees, creating a pregnancy discrimination case.

The California Family Rights Act gives employees in a company with 50 or more employees that have worked more than 1250 hours the right to 90 days of medical leave. This leave can be taken at a different time than pregnancy leave.

It depends on your employer’s policies for leave. Employers that pay for temporary leave in other situations must also pay for pregnancy leave. Otherwise, if you have PTO or paid vacation days, you may use those during your leave. Paid Family Leave Benefits may also apply, depending on the situation. 

Yes. Your employer is required to keep your health insurance for all four months of your leave. Revoking your coverage is an infringement of your rights. 

Women who are breastfeeding are entitled to a private space in their workplace to feed their child or to pump when necessary. Furthermore, medical complications brought about by breastfeeding can be a reason for paid disability leave.

Yes. Interns, temporary workers, freelancers, and full-time employees get the same workplace pregnancy rights.