Can You Fire a Pregnant Woman in California?

The California pregnancy disability leave law (PDL) provides pregnant mothers with up to twelve weeks of unpaid, job-protected leave. Mothers may take PDL during the first twelve weeks following the birth or adoption of a child, or if they are unable to work due to a condition related to their pregnancy. Who is eligible for California’s Pregnancy Disability Leave Law? mothers employed in California must have been continuously employed for at least twelve months prior to taking PDL; employers are not required to provide leave, but must allow female employees who meet these qualifications access to it In order to qualify for leave under the California Pregnancy Disability Leave Law, the mother must: be pregnant; be able to demonstrate that she is unable to perform the normal duties of her position due to a physical or mental health condition related to her pregnancy; and have worked for her employer for at least twelve months before filing a claim for benefits. What are some common reasons that

Under federal law, pregnant workers are protected against pregnancy-based discrimination and harassment. This means that your employer cannot discriminate or harass you because you are pregnant, have been pregnant, or may become pregnant. This includes any comments about whether you should continue working, taking time off to have a baby, or being treated differently because of your pregnancy. Your employer also cannot force you to take time off work or reduce your hours if you are pregnant; however, they may provide reasonable accommodations for you while you are pregnant.

The federal Family and Medical Leave Act⁠ 16 (called “the FMLA”) provides mental health and family medical leave for eligible employees. The California Fair Employment and Housing Act⁠ 17 (called “FEHA”), provides leave for eligible employees with a serious injury, as well as for bereaved employees, adoptive parents, grandmothers, and grandfathers who are temporarily taking care of a child under the age of six. California’s Pregnancy Disability Leave Law⁠ 18 (called “PDL”) provides leave, which may be intermittent or continuous, to women who are employed in California and take maternity or paternity leave.

Yes, California law protects pregnant women’s employment rights. It is illegal to discriminate against a woman based on her pregnancy or motherhood status. Additionally, employers are generally required to provide reasonable accommodations to pregnant women so that they can continue to work without interference. What kind of accommodations are allowed? Accommodations may include adjustments to the work schedule, modified duties, or changes in equipment or work areas. Employers are generally not allowed to require a pregnant woman to take leave or prohibits her from returning to her job once she has given birth. Does California law require employers to provide paid leave for new mothers? No, all states have legislation providing some type of paid family leave, but California is one of only twelve states that includes maternity leave within its statewide Paid Family Leave program. Eligible employees who have worked for their employer for at least 600 hours during the calendar year and have completed a qualifying wage gap calculation may receive up to eight weeks of

If an employee is pregnant, they must file a complaint with the DFEH within one year of the alleged discriminatory act.