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Pregnancy

The Law

Accommodation of Pregnancy
  • The Fair Employment and Housing Act (FEHA) requires accommodation at work because of pregnancy
  • You must request the accommodation based on a health care provider's advice, usually in the form of a short letter stating the specific work limitations
  • Employer must have 5 or more employees to be "covered" by the law
  • Another law, independently of FEHA is the State Constitution, Art. I, Sec. 8, prohibiting sex discrimination.
  • The standard is this:
    • if the employer has a practice or policy of transferring injured or disabled workers to less strenuous jobs, then it must apply the same accommodation to pregnant workers.
    • Even if there is no policy for other types of injuries/disabilities, the employer must still reasonably accommodate a pregnancy.
    • The duty includes a transfer to a less strenuous position.

What You Can Do

Don't just go out on disability because your employer attempts to force you out. If you want to work, and if you can be reasonably accommodated, then:

  • See your medical provider to discuss the types of accommodations required. Get those in writing.
  • Make sure the remaining work you can do is sufficient to justify your return to work--that is, make sure you can perform at least modified duties. Otherwise, the employer would be justified in not allowing you to return to work for fear of injury or because no work is available.
  • Deliver the restrictions to the top H.R. person in the company, and keep a copy of all doctor notes for your records.

Conclusion

Accommodation because of pregnancy is just one duty of the employer. You are also entitled to up to 16 weeks of pregnancy leave without discrimination or retaliation. The leave includes time after the birth, often considered to be at least 6 weeks, to recover from the pregnancy and bond with your newborn. If your baby is ill after the delivery, and your doctor recommends you stay with the baby to provide necessary care, then obtain the doctor's note so stating. If your company has at least 50 employees and you have accumulated at least 1250 hours over a period of one year of employment, you qualify for "California Family Rights Act" protection of 12 weeks of time off to care for your baby, again without discrimination or retaliation. In both pregnancy and "family leave" situations, the employer must return you to your original position without change in terms or conditions of employment.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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