Accommodation in the Workplace Attorney in San Francisco, California
What rights does a pregnant employee have in the workplace?
What rights does a pregnant employee have in the workplace?
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Pregnant workers are actually entitled
to a lot more than they think. You are
entitled to take pregnancy disability
leave or baby bonding leave regardless
of how long you’ve worked there. Um as
long as there’s five or more employees,
you are entitled to take a medical
leave. Uh federally it’s called, you
know, um family medical leave or FMLA or
in California, California Family Rights
Act. you’re entitled to take that as
well during some of the time you would
be off for your pregnancy. So, you’re
entitled to four uh three months for
FMLA or CERF. You’re entitled to four
months for PDL leave. Um if you qualify
for the disability for that whole time,
that’s a lot more than most people know.
But again, in order to get the the three
months for the CFRA, the California
Family Rights Act or the FMLA, you have
to have been working there for more than
one year. You have to have worked more
than 1,250 hours and not and have taken
leave within the last year. But pregnant
workers are also entitled to
accommodations. A lot of uh women
experience disabilities as related their
pregnancy. A very common one is they
can’t lift a certain amount after so
many months. they can’t drive, you know,
certain distances after so many months
of being pregnant. And then there’s
other um times where, you know, you want
to work um as as long as you can, but
unfortunately your body may not allow
you um to be, you know, working all that
long because you could be exhausted. So,
you might be entitled to your leave to
start a little early. So, it really
depends on what you need. in that is a
discussion with you and your doctor and
the employer unless they can show some
serious barriers as to why they can’t
accommodate that, they absolutely have
to accommodate it. You’re also supposed
to be given pamphlets that are by the
state and by the California Civil Rights
Department that advise you of your
rights. Most employers don’t do that and
there should be many of those pamphlets
hanging wherever you see other notices
the employer gives, like for example,
the minimum wage uh pamphlet. And a lot
of employers really screw that up and
they don’t let women take their leaves.
They terminate them as soon as it’s
disclosed. They refuse to engage on what
accommodations they might need or feel
like they are the keeper of this
woman’s, you know, health and what her
doctor is saying as to what is necessary
for her and the child.
Contact Traci Hinden
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San Francisco, CA employment attorney Traci M. Hinden talks about the rights a pregnant employee has in the workplace. She explains that pregnant employees in California may be entitled to significantly more workplace protections than they realize, including pregnancy disability leave, baby bonding leave, and reasonable accommodations. She notes that employees working for employers with five or more employees may be entitled to pregnancy-related medical leave regardless of how long they have worked for the employer, while federal FMLA and California Family Rights Act (CFRA) leave have additional eligibility requirements. She explains that eligible employees may receive up to 12 weeks of FMLA or CFRA leave and up to four months of Pregnancy Disability Leave (PDL), depending on the circumstances and duration of the pregnancy-related disability.
She clarifies that eligibility for FMLA or CFRA generally requires an employee to have worked for the employer for more than one year, completed at least 1,250 hours of service, and not exhausted applicable leave within the preceding year. She also emphasizes that pregnant employees may be entitled to reasonable accommodations when pregnancy-related conditions affect their ability to work. Examples may include restrictions on lifting, limitations on driving certain distances, or significant fatigue that makes it difficult to continue working for a full period of time.
She points out that the appropriate accommodation depends on the employee’s individual needs and may involve discussions among the employee, their doctor, and the employer. She notes that unless an employer can demonstrate serious barriers to providing the requested accommodation, the employer is generally required to accommodate the employee. She also explains that pregnant employees may be able to begin leave earlier when their medical condition makes continuing to work difficult.
She further notes that employers are required to provide employees with information about their pregnancy-related rights through state and California Civil Rights Department materials, which should generally be displayed alongside other required workplace notices. She observes that many employers fail to properly provide this information or improperly restrict employees from taking pregnancy-related leave. She cautions that unlawful conduct can include terminating an employee after learning of the pregnancy, refusing to discuss needed accommodations, or improperly attempting to control or second-guess the employee’s medical needs and the recommendations of their healthcare provider.
