California--Laws Relating to Pregnancy

California--Laws Relating to Pregnancy

CALIFORNIA

 [Return to Interactive Map]

Prohibitions against Pregnancy Discrimination

Discrimination based on Pregnancy

It is an unlawful employment practice to discriminate based on sex. Sex discrimination includes discrimination based on pregnancy, childbirth, and related conditions.[1]

For the text of the statute, click here.

Pregnancy Accommodation

California requires an employer to grant an employee’s request for reasonable accommodation when disabled by pregnancy, childbirth or a related medical condition. The accommodation may include a transfer to a less strenuous or hazardous position if the transfer can be reasonably accommodated.[2]

For the text of the statute, click here.

Pregnancy-related Disability Accommodation

California considers pregnancy a temporary disability, as well as any illness or injury resulting from pregnancy, childbirth, or related medical condition. An individual shall be deemed disabled on any day in which, because of his or her physical or mental condition, he or she is unable to perform his or her regular or customary work.[3]

For the text of the statute, click here.

Breastfeeding Rights

Every employer, including the state, shall provide a reasonable amount of unpaid break time or allow her to use existing paid break time to accommodate an employee desiring to express breast milk for the employee's infant child.[4]

For the text of the statute, click here.

The employer must make reasonable efforts to provide a room, other than a toilet stall, close to the work area, for an employee to express breast milk in private. The location may include the place where the employee normally works if it otherwise meets these requirements.[5]

For the text of the statute, click here.

Family and Childcare Leave Laws

All Employers – Pregnancy-related Disability Leave

It is an unlawful employmentpractice for an employer to refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed four months. The employee may use any accrued vacation leave during this period of time.

An employer may require an employee to give reasonable notice of the date the leave shall commence and the estimated duration of the leave. An employer must maintain and pay for health coverage for the duration of the leave at the level and under the conditions that coverage would have been provided if the employee had continued in employment. This shall not preclude an employer from maintaining and paying for coverage beyond four months.[6]

For the text of the statute, click here.

All Employers –Family Temporary Disability Insurance

California considers pregnancy a temporary disability, as well as any illness or injury resulting from pregnancy, childbirth, or related medical condition. An individual shall be deemed disabled on any day in which, because of his or her physical or mental condition, he or she is unable to perform his or her regular or customary work.[7]

For the text of the statute, click here.

An individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount when he or she is unable to perform his or her work because he or she is bonding with a minor child during the first year after birth or placement in connection with foster care or adoption, or caring for a seriously ill child.[8]

For the text of the statute, click here.

Employers with 50 or more Employees - Family Care Leave

It is an unlawful employment practice for any employer to refuse to grant a request by any employee with more than 12 months of service to take up to 12 unpaid workweeks in any 12-month period for family care. Family care is not granted unless the employer provides the employee a guarantee of employment in the same or a comparable position upon the termination of the leave. Family care is leave for birth, the placement of a child from adoption or foster care, or the serious health condition of his or her child. An employee may substitute any of the employee's accrued vacation leave or other time off or any other paid or unpaid time off negotiated with the employer. However, an employee shall not use sick leave, unless mutually agreed to by the employer and the employee. An employee shall return with no less seniority than when the leave commenced. If the employee's need for a leave is foreseeable, the employee shall provide reasonable advance notice.

During a family care leave period, the employee shall retain employee status. The employer shall maintain and pay for coverage under a group health plan, under the conditions coverage would have been provided if the employee had continued in employment. This shall not preclude an employer from maintaining and paying for coverage beyond 12 workweeks.

It is an unlawful employmentpractice for an employer to discriminate against any individual because an individual's exercise of the right to family care leave.[9]

For the text of the statute, click here.

All Employers –Family Temporary Disability Insurance

An individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount when he or she is unable to perform his or her work because he or she is bonding with a minor child during the first year after birth or placement in connection with foster care or adoption, or caring for a seriously ill child.[10]

For the text of the statute, click here.

All Employers with 25 or more employees – School and Child Care Activity Leave

No employer shall discriminate against an employee who is a parent, guardian, or grandparent having custody of one or more children in school or child day care, for taking off up to 40 hours each year, not exceeding eight hours a month, to participate in activities of any of his or her children, if the employee gives reasonable notice.

The employee shall utilize existing vacation, personal leave, or compensatory time off, or time without pay. Any employee who is discriminated against because the employee has taken time off to participate in school activities shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.[11]

For the text of the statute, click here.

All Employers – Sick Leave

Any employer who provides sick leave for employees shall permit an employee to use accrued and available sick leave, in an amount not less than the sick leave accrued during six months, to attend to an illness of a child. Child means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis.[12]

For the text of the statute, click here.



For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum




[1]
Cal. Gov. Code § 12940

[2] Cal. Gov. Code § 12945

[3] Cal. Unemp. Ins. Code § 2626

[4] Cal. Lab. Code § 1030

[5] Cal. Lab. Code § 1031

[6] Cal. Gov. Code § 12945

[7] Cal. Unemp. Ins. Code § 2626

[8]
Cal. Unemp. Ins. Code § 3303

[9]
Cal. Gov. Code § 12945.2

[10] Cal. Unemp. Ins. Code § 3303

[11] Cal. Lab. Code § 230.8

[12] Cal. Lab. Code 233

Contact Us

OFFICES

16 East 34th Street, 6th Floor

New York, NY 10016

(212) 925-6635

HelpLine: 212-925-6635 ext. 650

NOTE: We do not take walk-in requests for assistance.
You must make an appointment in advance.

E-MAIL

Request Help: peo@legalmomentum.org

Media Inquiries: pressinfo@legalmomentum.org

Donations and Events: friends@legalmomentum.org

Website Issues/Other Inquiries: info@legalmomentum.org

Sign up for news & action alerts.