Pregnancy should be a time of joy and anticipation, but for many employees, it can also bring concerns about job security and workplace treatment. Understanding your rights as a pregnant employee is crucial to ensuring that you receive fair treatment and protection under the law.
Here’s a comprehensive guide to your rights as a pregnant employee. Contact PLBH at (800) 435-7542 to request a free legal consultation with an employment law attorney.
Federal and State Protections for Pregnant Employees
Pregnant employees are protected under both federal and state laws, which provide a range of rights and benefits to ensure fair treatment in the workplace.
The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers with 15 or more employees must:
- Treat pregnancy as a temporary disability: Employers must provide the same accommodations to pregnant employees as they do to employees with other temporary disabilities.
- Prohibit discrimination: Employers cannot refuse to hire, demote, terminate, or take any adverse action against an employee due to pregnancy.
- Ensure equal benefits: Pregnant employees must receive the same benefits and health insurance coverage as other employees.
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, including the birth of a child. To be eligible, employees must have worked for their employer for at least 12 months and have at least 1,250 hours of service in the preceding 12 months.
California State Protections
In addition to federal laws, California provides additional protections for pregnant employees.
California Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. FEHA applies to employers with five or more employees and offers broader protections than federal law.
California Pregnancy Disability Leave (PDL)
California’s Pregnancy Disability Leave (PDL) allows employees to take up to four months of leave for pregnancy-related disabilities. PDL can be taken before or after childbirth, depending on the employee’s medical needs. During PDL, employers must continue to provide health insurance coverage.
California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid leave for the birth of a child, adoption, or foster care placement. CFRA leave can be taken in addition to PDL, allowing for extended time off.
Rights to Reasonable Accommodations
Pregnant employees have the right to reasonable accommodations to ensure they can continue to perform their job duties safely.
Common Accommodations
Reasonable accommodations may include:
- Modified work schedules: Adjusting work hours to accommodate medical appointments.
- Light duty: Temporary reassignment to less strenuous tasks.
- Additional breaks: Allowing extra breaks for rest or bathroom use.
- Ergonomic adjustments: Providing supportive seating or modifying workstations.
Requesting Accommodations
To request accommodations, employees should:
- Inform their employer: Notify the employer of the need for accommodations due to pregnancy.
- Provide medical documentation: If required, provide a note from a healthcare provider detailing the need for specific accommodations.
Addressing Pregnancy Discrimination
If you believe you have been discriminated against due to pregnancy, taking immediate action is essential to protect your rights.
Document the Discrimination
Keep detailed records of any discriminatory actions, including dates, times, and descriptions of incidents. Save any relevant emails or communications that demonstrate discrimination.
Report the Discrimination
Report the discrimination to your employer or HR department. Follow your company’s procedures for reporting workplace issues. If the issue is not resolved, further steps may be necessary.
File a Complaint
If internal reporting does not resolve the issue, you can file a complaint with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
Seeking Legal Assistance
Navigating pregnancy discrimination cases can be complex. Seeking legal assistance is crucial to ensure your rights are protected and to build a strong case.
How PLBH Can Help
At PLBH, we specialize in representing employees in pregnancy discrimination cases. Our dedicated team will work tirelessly to understand your situation, gather necessary evidence, and advocate for your rights. We strive to achieve the best possible outcome for our clients, whether through settlement negotiations or litigation.
If you believe you have been discriminated against due to pregnancy, contact PLBH at (800) 435-7542 for a consultation. Our experienced attorneys are here to provide the support and expertise you need to seek justice and compensation for your unlawful treatment.