Pregnancy Rights Attorney in Los Angeles

California employers are also barred by state law from interfering with an employee’s pregnancy-related employment rights, including the right to take pregnancy disability leave or baby-bonding leave, and the right to reasonable time and facilities necessary to express breast milk in the workplace while your child is breastfeeding.

If you have been harassed or discriminated against in the workplace due to pregnancy, childbirth or a related medical condition, California’s Fair Employment and Housing Act (Govt. Code § 12940), also called the “FEHA,” may give you the right to file a civil lawsuit for monetary damages against your employer.  Additional California state laws, including the California Family Rights Act, or “CFRA,” may also give you the right to sue your employer for violation of other pregnancy-related employment rights.

If you have experienced harassment, discrimination or denial of employment rights in the workplace based on your pregnancy, a recent childbirth or any related medical condition, it is important to act quickly, as your time to pursue your civil remedies in court is limited.  California law requires claims for employment harassment, discrimination, failure to accommodate a disability and other related causes of action to be filed within three (3) years of the offending conduct, and other, shorter administrative deadlines also may apply in your particular case.

Broadly speaking, the FEHA and related provisions of California’s Labor Code require California employers to:

Because pregnancy, childbirth, breastfeeding and related medical conditions are included within the FEHA’s definition of “sex” as a protected category, the FEHA also makes it unlawful for California employers to discriminate against or harass an employee or job applicant because they are pregnant, have recently given birth, are breastfeeding, or are suffering from a related medical condition.

Any employee – whether newly hired, part-time, or full-time – who, in the opinion of her treating physician, is unable to perform one or more essential functions of her job due to pregnancy, childbirth or a related medical condition is eligible for Pregnancy Disability Leave. 

A wide variety of pregnancy and/or childbirth-related medical conditions may interfere with an employee’s ability to perform essential job functions, such as:

Miscarriage, emotional and mental health problems caused by miscarriage, and post-partum depression which interfere with an employee’s ability to perform essential job functions also qualify as disabling conditions eligible for Pregnancy Disability Leave.

Pregnancy Disability Leave is job-protected, which means your employer must return you to the same or a comparable position at the end of your leave time. The amount of Pregnancy Disability Leave time for which you may be eligible depends on the length of time your physician determines you to be disabled as a result of your pregnancy, childbirth or related medical condition, up to a maximum of four (4) months.  Pregnancy Disability Leave time may be taken all at once or in increments, depending on what your physician determines is medically necessary.  Your employer must continue to maintain any medical insurance coverage and other health-related benefits you receive throughout your Pregnancy Disability Leave.  

California employers are not legally required to pay employees for Pregnancy Disability Leave time, but you may be eligible for compensation for temporary disability leave (if your employer offers it) or through California’s Short-Term Disability Insurance (“SDI”) Program.  You may also be able to use accrued and available sick leave, vacation or other paid time-off (“PTO”) to provide partial replacement income during your Pregnancy Disability Leave.

 Any eligible employee – whether male, female, trans or nonbinary – who has a new child by birth, adoption, or foster placement may take up to twelve (12) weeks of CFRA baby bonding leave time.

To be eligible for CFRA family leave time, you must:

You may request to take your CFRA baby bonding leave time in increments over the course of up to a year after your child is born, adopted or placed in your foster care, with the limitation that your employer may require that only two (2) of these increments are shorter than two (2) weeks.

Just like Pregnancy Disability Leave, CFRA family leave time is job-protected, which means your employer must return you to the same or a comparable position at the conclusion of your CFRA family leave period.  Your employer must continue to maintain any medical insurance coverage and other health-related benefits you receive throughout your CFRA family leave.

CFRA family leave time is unpaid, but your employer may provide paid baby-bonding leave time as an employment benefit; check with your Human Resources Department to find out if your employer has such a program, and whether you are eligible.  If your employer does not offer paid baby bonding leave time, you may be eligible for benefits during your leave through the Employment Development Department’s (“EDD”) Paid Family Leave Program or for compensation through California’s Short-Term Disability Insurance (“SDI”) Program.  You may also be able (or even required) to use accrued and available sick leave, vacation or other paid time-off (“PTO”) to provide partial replacement income during your Pregnancy Disability Leave.

If you have been the victim of harassment, discrimination or retaliation based on pregnancy, childbirth or a related medical condition and are concerned about the consequences of reporting it, we can assist you with the process of notifying your employer of any misconduct, taking steps to minimize the possibility of additional retaliation, and if need be, pursuing your legal remedies in court.