New Protections for Pregnant and Nursing Employees in California

California has long been at the forefront of advancing workplace protections for pregnant and nursing employees. With recent updates to state laws, these protections have been further strengthened, ensuring that these employees receive the necessary support and accommodations. This article provides a comprehensive overview of these expanded rights and offers practical steps for employees to ensure their rights are respected.

Expanded Rights for Pregnant and Nursing Employees

1. Pregnancy Disability Leave (PDL):

Under the California Fair Employment and Housing Act (FEHA), pregnant employees are entitled to up to four months of leave per pregnancy if they are disabled due to pregnancy, childbirth, or related medical conditions. This leave can be taken all at once or intermittently and is available regardless of the size of the employer.

• Eligibility: Any employee who is disabled due to pregnancy, childbirth, or a related medical condition is eligible for PDL. This includes severe morning sickness, prenatal care, childbirth, and recovery from childbirth.
• Benefits: During PDL, employees are entitled to the same benefits as if they were working, including health insurance. Employers must maintain the employee’s health coverage under any group health plan for the duration of the leave, up to a maximum of four months over a 12-month period.

2. Reasonable Accommodation:

Employers are required to provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions. Accommodations might include:

• Modifications to work duties.
• Temporary transfers to less strenuous or hazardous positions.
• Providing more frequent breaks.
• Allowing the employee to sit instead of stand, or providing assistance with manual labor.
• Interactive Process: Employers must engage in a timely, good faith, interactive process with the employee to determine effective reasonable accommodations.

3. Lactation Accommodation:

Recent amendments to California law have strengthened lactation accommodation requirements, mandating that employers provide a suitable space and break time for employees to express breast milk.

• Private Space: Employers must provide a private space, other than a bathroom, close to the employee’s work area, that is shielded from view and free from intrusion. This space must include a surface to place a breast pump and personal items, a place to sit, and access to electricity.
• Break Time: Employers must provide a reasonable amount of break time to express milk. This time can run concurrently with existing break periods. If additional time is needed, it should be provided, though employers are not required to pay for break time taken beyond the employee’s regular paid break periods.

4. Job Protection and Retaliation:

Employees who take leave under the PDL or request reasonable accommodations are protected from retaliation. This means that employers cannot fire, demote, or otherwise discriminate against an employee for taking leave or requesting accommodations.

• Job Reinstatement: Employees are entitled to return to the same or a comparable position upon their return from PDL. If the position is no longer available due to a legitimate business reason, the employer must offer a position that is comparable in terms of pay, location, job content, and promotional opportunities.

5. Limitation on Parents Working for the Same Employer Eliminated:

Previously, employers could limit the combined leave to a total of 12 weeks if both parents worked for the same employer. This limitation has been removed, allowing each parent to take up to 12 weeks of leave under the California Family Rights Act (CFRA).

• Equal Treatment: Both parents are now entitled to take the full 12 weeks of leave each, without any reduction due to the other parent’s leave status.

6. Pregnant Women’s Right to Take CFRA Leave and Baby Bonding:

The California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for various family and medical reasons, including the birth of a child and to bond with the newborn.

• Eligibility: Employees who have worked for the employer for at least 12 months and have completed at least 1,250 hours of service during the 12-month period preceding the leave are eligible.
• Baby Bonding: Under CFRA, both parents can take up to 12 weeks of leave to bond with a newborn, adopted, or foster child. This leave must be completed within one year of the child’s birth or placement.

Practical Steps for Employees

1. Know Your Rights:

Understanding your rights under California law is the first step. Familiarize yourself with the details of the PDL, reasonable accommodation, lactation accommodation requirements, and CFRA leave.

2. Communicate with Your Employer:

Inform your employer about your pregnancy or nursing needs as soon as possible. Provide a written request for leave or accommodation, specifying what you need and why.

3. Provide Medical Documentation:

If required, provide medical documentation to support your request for leave or accommodation. This can help facilitate the process and ensure your employer understands your needs.

4. Keep Records:

Maintain detailed records of all communications with your employer regarding your pregnancy or nursing accommodations. This includes emails, letters, and notes from conversations.

5. Seek Legal Advice if Needed:

If you encounter resistance or feel your rights are being violated, consider seeking legal advice. An experienced employment attorney can help you understand your options and take appropriate action.

6. Utilize State Resources:

California provides several resources to help employees understand and enforce their rights. The California Department of Fair Employment and Housing (DFEH) offers guidance and can assist with filing complaints if necessary.

Conclusion

California’s updated protections for pregnant and nursing employees underscore the state’s commitment to creating a supportive and inclusive work environment. By knowing your rights and taking proactive steps, you can ensure that your needs are met during this important time.

For more detailed information and guidance on compliance, employees and employers should consider consulting with an experienced employment attorney.