Pregnancy is a deeply personal experience—but it shouldn’t jeopardize your job or your financial stability. Unfortunately, some employers in California still engage in illegal practices that punish or push out pregnant workers for exercising their right to protected leave.
At PLBH, we work with employees who have faced discrimination, denial of leave, or retaliation related to pregnancy. If you’re preparing for maternity leave or were penalized for requesting time off, it’s important to know your rights and how to assert them.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats a worker unfavorably because they are pregnant, plan to become pregnant, or experience pregnancy-related conditions. It is illegal under both California and federal law.
Examples of Pregnancy Discrimination
- Denying or discouraging leave during pregnancy or recovery
- Firing or demoting an employee after a pregnancy disclosure
- Refusing to accommodate medical restrictions related to pregnancy
- Penalizing workers for attending prenatal appointments
- Reducing hours or responsibilities without valid justification
Discrimination doesn’t need to be blatant. Even subtle forms of pressure—such as suggesting you “take a step back”—can violate your legal protections.
Understanding Your Right to Leave
California offers some of the strongest legal protections for pregnant workers in the country. Depending on your situation, you may qualify for more than one type of protected leave.
Key Leave Laws for Pregnant Employees
- Pregnancy Disability Leave (PDL)
- Provides up to four months of leave for pregnancy-related conditions
- Available even if your employer is small (five or more employees)
- Can be taken all at once or intermittently based on your medical needs
- California Family Rights Act (CFRA)
- Offers up to 12 weeks of bonding leave for new parents
- May be used after pregnancy disability leave
- Applies if you’ve worked at least 1,250 hours in the past 12 months for an employer with five or more employees
- Family and Medical Leave Act (FMLA)
- Similar to CFRA, but operates under federal law
- May run concurrently with CFRA depending on your employer’s policies
These laws ensure that you can take time to care for your health and your new child—without losing your job or being penalized.
How to Enforce Your Leave Rights
Unfortunately, not all employers respect these legal obligations. Some may try to block your leave, misinform you about your eligibility, or retaliate when you request time off.
Steps to Protect Yourself
- Submit your leave request in writing: Include the type of leave you’re requesting and the expected duration.
- Provide medical certification if needed: This may be required for PDL, especially for intermittent or extended leave.
- Keep records of all communications: Save emails, texts, and notes related to your request and your employer’s response.
- Document any negative treatment: If you’re demoted, denied hours, or excluded after requesting leave, take notes and gather evidence.
- Know your rights to reinstatement: After protected leave, you are generally entitled to return to your same job—or a comparable one.
If your employer refuses to grant leave, penalizes you, or tries to force you out of your position, they may be violating the law.
When to Take Legal Action
You may have grounds for a legal claim if:
- You were denied legally protected pregnancy or bonding leave
- You were disciplined, demoted, or fired after announcing your pregnancy
- Your employer failed to accommodate your pregnancy-related medical needs
- You were retaliated against for exercising your leave rights
California law allows you to seek compensation for lost wages, emotional distress, and other damages. In some cases, reinstatement or punitive damages may also be available.
Speak with a Pregnancy Discrimination Attorney
You shouldn’t have to choose between your health and your career. If you’re facing pregnancy discrimination or being denied leave, legal help is available.
At PLBH, we stand up for workers across California who have been mistreated for exercising their pregnancy rights. Call PLBH at (800) 435-7542 for a free consultation. We’ll help you protect your job, your family, and your future.