Know Your Pregnancy Rights in California Workplaces
Finding out you’re pregnant can be one of the most emotional moments of your life; exciting, nerve-wracking, and filled with questions about the future. But for many workers in California, that excitement is quickly overshadowed by uncertainty at work.
What happens if your employer isn’t supportive? Do they have to accommodate your needs? What rights do you actually have?
The good news is that both federal and California laws offer strong protections for pregnant workers. The federal Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, along with California's Fair Employment and Housing Act (FEHA), aims to ensure fair treatment, reasonable accommodations, and job security throughout pregnancy and beyond.
If you're pregnant or planning to be, knowing your rights is essential. This article will walk you through the legal protections available so you can make informed decisions with confidence.
Legal Foundations: Federal & California Protections
To understand your rights as a pregnant worker, it helps to start with the key federal and state laws that provide legal protection and ensure fair treatment in the workplace. Here's a breakdown of the major regulations you should know.
Pregnancy Discrimination Act (PDA, 1978)
The Pregnancy Discrimination Act (PDA) is a federal law under Title VII of the Civil Rights Act. It prohibits employers with 15 or more employees from discriminating based on pregnancy, childbirth, or related medical conditions. That means your employer cannot refuse to hire, demote, terminate, or treat you unfairly simply because you are pregnant.
This law also considers pregnancy discrimination a form of sex discrimination, which is enforced by the Equal Employment Opportunity Commission (EEOC). If you believe you were discriminated against, you can file a charge with the EEOC.
Pregnant Workers Fairness Act (PWFA, 2022/2023)
The PWFA, effective as of June 27, 2023, requires covered employers to provide reasonable workplace accommodations to pregnant and postpartum workers unless doing so would pose an undue hardship. Examples include more frequent breaks, light duty, or modified work schedules.

This Act gives employees the right to request changes at work without fear of retaliation. It protects you even if your employer thinks you’re unable to work due to pregnancy. Learn more at EEOC.gov.
California FEHA & Pregnancy Disability Leave (PDL)
California goes even further than federal law. The Fair Employment and Housing Act (FEHA) protects workers at companies with five or more employees from discrimination due to pregnancy or any medical conditions related to pregnancy or childbirth.
If you're disabled by pregnancy, you may be eligible for Pregnancy Disability Leave (PDL) for up to 17.3 weeks. During this time, your employer must hold your job and continue your health benefits.
California Family Rights Act (CFRA)
Under the California Family Rights Act (CFRA), eligible employees at worksites with 50 or more employees may take up to 12 weeks of bonding leave following the birth of a child. This leave is separate from PDL and does not require a pregnancy-related condition.
Who Is Covered & Eligibility Requirements
Understanding your rights starts with knowing whether you and your employer are covered by these laws. The sections below outline the key eligibility requirements and what you may need to provide to access these protections.
Covered Employers & Thresholds
Understanding coverage thresholds is crucial. Under:
- PDA and PWFA: Employers with 15 or more employees
- FEHA: Employers with five or more employees
- CFRA/FMLA: 50+ employees within a 75-mile radius
Covered Employees
If you are pregnant or plan to become pregnant, you are covered. The law also applies to workers affected by pregnancy-related conditions such as miscarriage, gestational diabetes, or recovery from childbirth.
Notice & Documentation Requirements
You typically need to let your employer know at least 30 days in advance of planned leave, if possible. A doctor’s note or medical certification may be required for accommodations or leave. Always document your communication.
Reasonable Accommodations at Work
During pregnancy, you may need changes to your work routine to stay healthy and productive. Laws at both the federal and state levels ensure you have the right to request these accommodations and receive fair consideration from your employer.
What Qualifies as a “Reasonable Accommodation”
A reasonable accommodation is any adjustment that allows you to perform your job safely while pregnant. Examples include:
- Sitting instead of standing
- Reduced lifting
- Flexible work hours
- Extra restroom or hydration breaks
- Time off for prenatal visits
- Breaks to pump milk at work
Employer Obligations Under PWFA & FEHA
Your employer must accommodate employees affected by pregnancy unless it creates a significant difficulty or expense. Importantly, they cannot force you to take leave if a reasonable accommodation can help you continue working.
Interactive Accommodation Process
The law requires an interactive process between you and your employer. This is a collaborative discussion to explore options. Make your request in writing, and keep detailed records.
Pregnancy Disability Leave: Using Your Time Off
If pregnancy or childbirth affects your ability to work, California law provides job-protected leave to support your health and recovery. Understanding how Pregnancy Disability Leave works (and how it coordinates with other types of leave) can help you make the most of your time off.
PDL Basics
Under California law, if you are disabled by pregnancy, your employer must hold your position open during Pregnancy Disability Leave. This is separate from CFRA or FMLA.
PDL can last up to 4 months per pregnancy and may include time off before and after birth for recovery.
Paid Leave Options
You may qualify for:
â—Ź State Disability Insurance (SDI) while on PDL
â—Ź Paid Family Leave (PFL) to bond with your baby after birth
Learn more at the California Department of Labor.
FMLA/CFRA Coordination
You may be eligible for FMLA and CFRA, which can be used after PDL ends. In total, some workers can take up to 7 months of protected leave.
Supporting Nursing Mothers
For many new mothers, continuing to breastfeed after returning to work is important. State and federal laws help make this possible by requiring specific accommodations for lactation in the workplace.
Federal PUMP Act Requirements
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act gives workers the right to pump milk at work. Employers with 15 or more employees must provide reasonable break time and a private, non-bathroom space for lactating employees.
California Lactation Accommodation
California requires employers to:
- Provide breaks to pump milk
- Offer a clean, private space close to your work area
- Maintain this through the baby’s first birthday
Prohibited Actions & Employer Missteps
While laws offer strong protections, it’s also important to recognize what employers are not allowed to do. Understanding these prohibited actions can help you identify when your rights are being violated.
Discrimination & Harassment
Your employer cannot ask if you are pregnant during hiring or penalize you based on pregnancy, childbirth, or breastfeeding. This includes demotion, pay cuts, or reassignment.
Retaliation Protections
If you request accommodations or file a complaint, your employer may not retaliate. Retaliation includes being written up, losing hours, or being fired. Such actions are illegal.
Undue Hardship Defense
Employers can only deny accommodations if they can prove undue hardship, which means a significant cost or difficulty. This is a high bar and not easily met.

Enforcement: Filing Complaints & Legal Recourse
If your rights are violated, you don’t have to handle it alone. There are clear steps you can take to report the issue, seek legal support, and hold your employer accountable under the law.

Internal Options
Start by telling your employer and speaking with HR. If the issue persists, move forward with a formal complaint.
Government Agencies
- EEOC: File a charge within 180 days at EEOC.gov
- California Civil Rights Department (CRD): File within 1 year - calcivilrights.ca.gov
Litigation & Penalties
You may be entitled to:
- Back pay
- Reinstatement
- Compensatory damages
- Attorney’s fees
Timeline & Deadlines
Missing the deadline can harm your case. Always act quickly and keep documentation.
Role of Employee Law Group
Our team will help you file a charge of discrimination, represent your case, and fight to protect your rights. We support workers affected by pregnancy across California.
Best Practices for Employees & Employers
Understanding the law is only part of the equation. Taking proactive steps (whether you're an employee or an employer) can help prevent misunderstandings and ensure compliance.
For Employees
- Document everything (emails, conversations, forms)
- Be clear when asking for accommodations
- Know your rights, and don't hesitate to seek legal support
For Employers
- Post required notices
- Train management on pregnancy rights
- Engage in the interactive process in good faith
Changing Landscape & Future Developments
Pregnancy-related workplace laws continue to change, with new interpretations, expanded protections, and advancements in how legal support is delivered. Staying informed helps you adapt to these ongoing changes.
Federal Updates
The EEOC clarified in 2024 that PWFA protections apply to abortion, miscarriage, and other pregnancy-related conditions.
California Trends
California may expand enforcement through the CRD and increase leave protections. Watch for updates on calcivilrights.ca.gov.
Role of AI & Legal Technology
At Employee Law Group, we use AI-powered case management to streamline communication and maximize results for clients. Innovation enhances our ability to serve workers with complex cases quickly and effectively.
About Employee Law Group
At Employee Law Group, we stand up for workers in California, especially those affected by pregnancy-related discrimination. With offices in Torrance and Sacramento, our legal team combines deep legal experience with innovative AI-driven client service.
We fight to hold employers accountable and ensure that every worker knows their rights and receives the fair employment treatment they deserve.
Frequently Asked Questions
1. What are the rights of a pregnant woman in the workplace?
A pregnant woman has the right to be free from discrimination, to receive reasonable accommodations, and to take protected leave. Federal and California laws require employers to treat pregnancy like any other temporary medical condition, provide job-protected leave, and make necessary adjustments to support health and safety at work.
2. What counts as pregnancy discrimination?
Pregnancy discrimination is treating a worker unfairly because of pregnancy, childbirth, or related conditions. This includes refusing to hire, firing, demoting, reducing hours, or denying accommodations due to pregnancy or postpartum needs.
3. How to prevent pregnancy discrimination in the workplace?
To prevent pregnancy discrimination, employers must train staff, follow the law, and respond to accommodation requests in good faith. Posting required notices, maintaining open communication, and engaging in the interactive process also help create a compliant and supportive environment.
4. When to tell HR you are pregnant?
You should tell HR when you’re ready or when you need to request leave or accommodations. There’s no legal deadline, but providing at least 30 days’ notice for planned leave is recommended to ensure your rights are protected and arrangements are made smoothly.
Summary
Your pregnancy rights are protected under federal and California law. You have the right to be free from discrimination, to receive reasonable accommodation, and to take protected leave for conditions related to pregnancy or childbirth. If your employer is violating your rights, don’t wait.

Call Employee Law Group today. Contact us for a free consultation, and let us be your advocates in the fight for fair employment.
