Pregnancy and Post-Birth Protections at Work for the New Mother
If you are a soon to be new mother you’ve got a lot of new changes in store. But those changes aren’t just at home. They also have to do with work, and understanding how the law protects you, and the time you need for your pregnancy and to care for your newborn.
Pregnancy Disability Leave
California has laws that provide significant protections in the workplace for new mothers. One such law is the Pregnancy Disability Leave Act. It doesn’t matter how long you’ve been at your job—so long as your employer has more than 5 employees, you are protected under the law.
The law provides that (much like the Americans With Disabilities Act), your employer has to provide you accommodations at work for any condition, or disability that you may have, even if temporary, if it is related to your pregnancy.
That may include extended work breaks, time off for doctor visits, extra meal or bathroom breaks, or any other alteration at work to accommodate pregnancy related conditions.
Pregnancy Disability Leave (PDL) in California allows eligible employees to take up to four months of unpaid, job-protected leave due to pregnancy, childbirth, or a related medical condition. To qualify, a health care provider must certify the employee is disabled by pregnancy, meaning they are unable to perform one or more essential job functions without undue risk. PDL is typically taken concurrently with FMLA leave, if eligible, and can be used for prenatal care, childbirth recovery, or a related medical condition. Another 12 Weeks
FMLA/CFRA allows eligible employees to take up to 12 weeks of unpaid leave per year for various reasons, including the birth and care of a newborn, and certain serious health conditions. This provides additional time for raising or bonding with, or staying home to take care of your child. The California Family Rights Act allows you 12 additional weeks of leave.
However, for this additional 12 weeks, you must have been with your employer for at least a year, and you must have at least 1,250 hours worked with or at your current employer. Your employer also must have at least 50 employees.
Federal FMLA
These are all California laws, but there are federal laws that protect you as well, namely, the Family Medical Leave Act or FMLA. Although you need to have the same requirements as the California Family Rights Act, and your employer must still have 50 employees, the FMLA only provides leave for any health conditions that stem from the pregnancy—not simply time off for bonding time or raising the children.
No Discrimination Allowed
Note that almost all of these leaves are generally unpaid. However, your employer cannot pay employees who are temporarily disabled, but not pay you, if you are out for pregnancy reasons—in other words, pregnant women or those with newborns, if they do have a temporary disability associated with pregnancy, cannot be treated differently than other employees who may have non-pregnancy related temporary disabilities.
Aside from all this related to pregnancy leave, remember it is illegal to discriminate against an employee, not just because she is pregnant, but even should she plan to be pregnant—for example, not promoting a female employee because she “may leave to have a baby.” This is pregnancy and gender discrimination.
Have you been discriminated against at work, because you’re pregnant or may become pregnant? Get help today. Contact the San Jose employment attorneys at the Costanzo Law Firm for help.
Sources:
calcivilrights.ca.gov/family-medical-pregnancy-leave/
calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Pregnancy-Disability-Leave-Fact-Sheet_ENG.pdf
