Are California Employers Required to Accommodate Pregnant Employees?
The Los Angeles, California employment law attorney, Aryeh Leichter, at the Leichter Law Firm, APC, represents pregnant employees, new working mothers, and others with related medical conditions throughout California who have not been given the proper accommodations required by both state and federal laws.
By California law, employees who are temporarily unable to perform their jobs due to pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes — including providing reasonable accommodations — so they can effectively fulfill their duties.
What Types of Reasonable Accommodations are Afforded to Pregnant Workers in California?
The federal Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA), require qualifying employers to provide reasonable accommodations to pregnant women who have a medical condition related to their pregnancy that makes it more challenging for them to accomplish certain tasks.
That may include pregnancy accommodations that involve:
- Additional Breaks
- Alternative Assignments
- Disability Leave
- Leave Without Pay
- Lighter Duty
- Modified Tasks
In addition to the PDA and FEHA, the federal Americans with Disabilities Act (ADA) also require employers to provide reasonable accommodations to employees suffering from pregnancy-related health conditions.
Additional protection is provided by Pregnancy Disability Leave, which allows pregnant workers to take up to four months of unpaid leave if the employee’s doctor recommends the leave because she is disabled by pregnancy, childbirth, or a related medical condition. The employer must also allow the employee to keep her health insurance during this leave and return to her job afterward.
Lactation Accommodation Requirements Upon Returning to Work
Once an employee who has given birth returns to work, she is entitled to lactation accommodations.
The California Labor Code outlines the legal requirements for the state’s employers, stating they must provide a reasonable amount of break time and use of a room or another location near the employee’s work area to express breast milk in private once she returns to work.
All California companies and pregnant employees should ensure they understand the laws, rights, responsibilities, and accommodation requirements that will enable women to remain in the workforce both during and after pregnancy, thereby benefiting both parties.
Contact the Leichter Law Firm, APC Pregnancy Discrimination Attorney in Los Angeles, California
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 workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.