Pregnancy

The Law

Accommodation of Pregnancy

The Fair Employment and Housing Act (FEHA) requires accommodation at work because of pregnancy
You must request the accommodation based on a health care provider's advice, usually in the form of a short letter stating the specific work limitations
Employer must have 5 or more employees to be "covered" by the law
Another law, independently of FEHA is the State Constitution, Art. I, Sec. 8, prohibiting sex discrimination.
The standard is this:
- if the employer has a practice or policy of transferring injured or disabled workers to less strenuous jobs, then it must apply the same accommodation to pregnant workers.
- Even if there is no policy for other types of injuries/disabilities, the employer must still reasonably accommodate a pregnancy.
- The duty includes a transfer to a less strenuous position.

What You Can Do

Don't just go out on disability because your employer attempts to force you out. If you want to work, and if you can be reasonably accommodated, then:

See your medical provider to discuss the types of accommodations required. Get those in writing.
Make sure the remaining work you can do is sufficient to justify your return to work--that is, make sure you can perform at least modified duties. Otherwise, the employer would be justified in not allowing you to return to work for fear of injury or because no work is available.
Deliver the restrictions to the top H.R. person in the company, and keep a copy of all doctor notes for your records.

Conclusion

Accommodation because of pregnancy is just one duty of the employer. You are also entitled to up to 16 weeks of pregnancy leave without discrimination or retaliation. The leave includes time after the birth, often considered to be at least 6 weeks, to recover from the pregnancy and bond with your newborn. If your baby is ill after the delivery, and your doctor recommends you stay with the baby to provide necessary care, then obtain the doctor's note so stating. If your company has at least 50 employees and you have accumulated at least 1250 hours over a period of one year of employment, you qualify for "California Family Rights Act" protection of 12 weeks of time off to care for your baby, again without discrimination or retaliation. In both pregnancy and "family leave" situations, the employer must return you to your original position without change in terms or conditions of employment.

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Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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