Can a California Employer Require Medical Information About Pregnancy at Any Time?
The Leichter Law Firm, APC, Los Angeles, California employment law attorney, Aryeh Leichter represents employees throughout California who have been discriminated against during their pregnancies or after they have given birth.
Multiple federal and state laws protect pregnant women’s workplace rights, including those provided under the Pregnancy Discrimination Act, the California Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), and the California Pregnancy Disability Leave (PDL).
Here is what pregnant employees need to know about their rights and responsibilities under the law.
Your California Employer Must Provide Formal Notice of Your Rights
When pregnant employees tell their employers they are pregnant, the employer is
required to provide formal notice of their rights under California’s Pregnancy Disability Leave Law. Read the law carefully so you are fully aware of your rights, making it possible to enforce them throughout your pregnancy and after you have given birth.
Your Notice Obligations as a California Employee
To pursue reasonable accommodations, obtain a transfer, or take PDL, pregnant employees must give their employers sufficient notice — which is 30 days advance notice — of their condition unless it is an unforeseen or emergency need.
Except in a medical emergency where there is no time to obtain it, employers may require pregnant employees to supply a written medical certification from their healthcare providers of
the medical need for your reasonable accommodation, transfer, or PDL.
Pregnant Employees in California Must Partner with Their Physicians to Help Enforce Their Rights
Since California employers are legally allowed to require a doctor’s note to approve a pregnant employee’s requested accommodations, their physician’s cooperation is essential to obtaining the accommodations they are entitled to under both state and federal laws.
Obtaining a doctor’s note for accommodations, transfer, or leave should:
- State the challenges she is having in her current role or position.
- Specify the pregnancy-related medical conditions.
- Outline specific restrictions.
- List the accommodations that would help her perform their duties and continue working.
- Express the timeline necessary for the accommodations, which may change as the pregnancy advances.
If you believe you are being discriminated against as a pregnant woman, or as a new mother, or that your workplace rights have been violated at any time, contact the Leichter Law Firm, APC today for help.
Contact the Leichter Law Firm, APC Employment Lawyer in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder & Los Angeles pregnancy discrimination attorney 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.