California Pregnancy Accommodation Law

California law provides strong protections for pregnant employees under the California Pregnancy Accommodation Law, which requires employers to provide reasonable accommodations that allow pregnant employees to continue working safely. 

If you have not been provided reasonable accommodations as a pregnant employee, contact our Los Angeles pregnancy discrimination lawyers to discuss your legal options. Schedule your free consultation today.

Pregnancy Accommodations Under FEHA

California’s Fair Employment and Housing Act (FEHA) applies to employers with five or more employees, mandating that they provide reasonable accommodations when requested by an employee and supported by medical advice. Reasonable accommodations are workplace changes that enable a pregnant employee to perform the essential functions of their job without undue hardship to the employer. Under FEHA, examples of accommodations include:

• Adjusting job duties to reduce physical strain.
• Allowing more frequent breaks for rest, hydration, or restroom use.
• Providing seating for employees who would otherwise stand for long periods.
• Offering modified work schedules or part-time arrangements.
• Permitting telecommuting when possible.
• Temporarily transferring an employee to a less hazardous or less strenuous position.
• Granting time off for medical appointments or pregnancy-related conditions.

Employers must engage in a good-faith interactive process with employees to determine what accommodations are appropriate. The interactive process is a collaborative discussion that considers both the employee’s medical needs and the employer’s operational capacity.

Pregnancy Disability Leave

While FEHA requires accommodations, employees may also qualify for Pregnancy Disability Leave (PDL) under California law. PDL provides up to four months of job-protected leave for employees disabled due to pregnancy, childbirth, or related medical conditions.

Importantly, PDL is separate from other leave entitlements such as the California Family Rights Act (CFRA). An employee may use PDL during pregnancy or childbirth recovery and then still take up to 12 weeks of CFRA leave to bond with a new child. This combination offers extended job-protected time away from work while ensuring that employees can return to their position or an equivalent role.

What if My Employer Denies My Request for Accommodations?

If your employer denies your request for pregnancy-related accommodations, you still have strong rights under FEHA:

• Right to an interactive process: Simply saying “no” without considering alternatives violates FEHA.
• Right to privacy: Employers can only request limited medical documentation related to your need for accommodations. 
• Right to non-discrimination: If the denial is based on your pregnancy or related medical condition, it may amount to unlawful discrimination.
• Right to be free from retaliation: Employers cannot punish you for requesting accommodations. Retaliation in the form of demotion, reduced hours, or termination is against the law.
• Right to reinstatement: If you take leave related to pregnancy disability, your employer must return you to the same or a comparable position once you are medically cleared.

Employees should always document their accommodation request, the employer’s response, and any follow-up communications. These records create a clear history in case your rights are violated and further action becomes necessary.

What Do I Do if My Employer Retaliates Against Me for Requesting Accommodations?

Retaliation for requesting pregnancy-related accommodations is unlawful under FEHA. Examples include wrongful termination, demotion, reduced hours, negative reviews, or exclusion from opportunities. If you face retaliation, take these steps:

• Document events: Keep records of your request, the employer’s response, and any negative changes afterward.
• Report internally: File a complaint with human resources or through your employer’s process to create a record.
• Speak to a lawyer: Legal guidance from a Los Angeles Pregnancy Discrimination Attorney can help protect your job and strengthen your case.
• File a complaint: If retaliation continues, you can contact the California Civil Rights Department (CRD) for investigation.

California law makes it clear that employees cannot be punished for requesting reasonable accommodations.