Pregnancy Rights
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Pregnancy Rights
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Understanding Your Employee Rights As a Pregnant Employee
Pregnant employees in California are protected by a robust framework of laws designed to ensure their rights in the workplace. These laws include the Fair Employment and Housing Act (FEHA), the Family and Medical Leave Act (FMLA), and the California Family Rights Act (CFRA). Together, these laws provide comprehensive protections and entitlements for pregnant employees, ensuring they receive fair treatment, reasonable accommodations, and job-protected leave.
Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is a California state law that prohibits discrimination in employment based on various protected characteristics, including pregnancy. FEHA applies to employers with five or more employees and provides several key protections for pregnant women
1. FEHA prohibits employers from discriminating against employees based on pregnancy, childbirth, or related medical conditions. This includes hiring, firing, promotions, job assignments, and other terms and conditions of employment.
Employers are required to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions. This may include modifying work duties, providing a stool or chair, allowing more frequent breaks, or transferring the employee to a less strenuous position.
FEHA entitles pregnant employees to up to four months of job-protected leave if they are disabled by pregnancy, childbirth, or related medical conditions. This leave can be taken intermittently or on a reduced work schedule as needed.
FEHA protects employees from harassment and retaliation based on pregnancy. Employers cannot retaliate against employees for requesting accommodations or taking pregnancy disability leave.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. FMLA applies to employers with 50 or more employees within a 75-mile radius
To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and have completed at least 1,250 hours of service during the 12 months preceding the leave.
FMLA allows employees to take leave for the birth and care of a newborn child, the placement of a child for adoption or foster care, the care of a spouse, child, or parent with a serious health condition, or the employee’s own serious health condition.
FMLA provides job protection, meaning that employees are entitled to return to their same or an equivalent position with the same pay, benefits, and terms of employment after their leave.
1. Employers must continue to provide group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) is a state law that mirrors many of the provisions of FMLA but provides additional protections and benefits for California employees. CFRA applies to employers with 5 or more employees
Similar to FMLA, employees must have worked for the employer for at least 12 months and have completed at least 1,250 hours of service during the 12 months preceding the leave.
CFRA allows employees to take leave for the birth and care of a newborn child, the placement of a child for adoption or foster care, the care of a spouse, child, parent, or domestic partner with a serious health condition, or the employee’s own serious health condition.
CFRA provides job protection, ensuring that employees can return to their same or an equivalent position after their leave.
Employers must continue to provide group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
CFRA provides up to 12 weeks of leave for bonding with a new child, which can be taken within the first year of the child’s birth, adoption, or foster placement.
Employer Obligations
Employers have several obligations under FEHA, FMLA, and CFRA to ensure that pregnant employees receive the protections and benefits they are entitled to:
Employers must inform employees of their rights under FEHA, FMLA, and CFRA. This includes providing written notice of the availability of leave and the procedures for requesting leave.
Employers must engage in a good faith interactive process with employees who request reasonable accommodations for pregnancy-related conditions. This involves discussing the employee’s needs and exploring potential accommodations.
Employers must grant pregnancy disability leave, FMLA leave, and CFRA leave to eligible employees. This includes allowing intermittent leave or a reduced work schedule as needed.
Employers must continue to provide group health insurance coverage during the employee’s leave under the same terms and conditions as if the employee had not taken leave.
Employers must reinstate employees to their same or an equivalent position after their leave. This includes maintaining the same pay, benefits, and terms of employment.
1. Employers must not discriminate or retaliate against employees for requesting accommodations, taking leave, or exercising their rights under FEHA, FMLA, or CFRA.
Rights and Remedies for Non-Compliance
If an employer fails to comply with FEHA, FMLA, or CFRA, pregnant employees have several rights and remedies available to them:
1. Employees can file a complaint with the California Civil Rights Department (CRD) if they believe their rights under FEHA have been violated. The CRD will investigate the complaint and may take action against the employer.
Employees can file a complaint with the U.S. Department of Labor (DOL) if they believe their rights under FMLA have been violated. The DOL will investigate the complaint and may take action against the employer.
Employees can file a lawsuit in state or federal court to seek damages for violations of FEHA, FMLA, or CFRA. Remedies may include back pay, front pay, compensatory damages, punitive damages, and attorney’s fees.
Employees who were terminated or forced to resign due to the lack of accommodation or leave may seek reinstatement to their former position with appropriate accommodations.
Employees may be entitled to compensatory damages for lost wages, benefits, and emotional distress resulting from the employer’s non-compliance.
In cases involving egregious conduct by the employer, such as intentional discrimination or retaliation, employees may be awarded punitive damages. These damages are intended to punish the employer and deter similar conduct in the future.
Case Studies and Examples
To illustrate the application of these laws, consider the following examples:
Emily, a retail worker, requested a stool to sit on during her shifts due to pregnancy-related back pain. Her employer refused and terminated her employment. Emily filed a complaint with the CRD, which found that the employer had failed to provide reasonable accommodation. Emily was awarded back pay, compensatory damages, and reinstatement with the requested accommodation.
Sarah, an office worker, requested FMLA leave for the birth and care of her newborn child. Her employer denied the leave and terminated her employment. Sarah filed a complaint with the DOL, which determined that the employer had violated FMLA. Sarah received back pay, front pay, and compensatory damages for emotional distress.
Maria, a nurse, requested CFRA leave to bond with her newly adopted child. Her employer denied the leave and demoted her upon her return. Maria filed a lawsuit, and the court ruled in her favor, awarding her back pay, compensatory damages, and reinstatement to her original position.
Additional Rights to Lactation Time
Under California law, employers are also required to provide reasonable break time for employees to express breast milk. The specific requirements include:
Employers must provide a reasonable amount of break time to accommodate an employee’s need to express milk. This break time should be provided each time the employee needs to express milk.
If possible, the lactation break should run concurrently with any break time already provided to the employee. If the lactation break does not coincide with the employee’s regular break time, it should be considered an additional break.
The law does not specify the exact frequency or duration of lactation breaks, as these needs can vary greatly among individuals. However, breaks should be sufficient to allow the employee to express milk as needed.
Rights to Lactation Rooms
In addition to providing break time, California law requires employers to provide a suitable space for employees to express milk. The requirements for lactation rooms include:
The lactation room must be private and free from intrusion. It should be shielded from view and not a bathroom.
The lactation space should be in close proximity to the employee’s work area. This ensures that the employee can access the space without significant disruption to their work.
The room must be functional for expressing milk. This includes providing a chair, a flat surface to place a breast pump, and access to electricity if needed.
Employers must provide access to a sink with running water and a refrigerator or other cooling device for storing expressed milk.
If a multi-purpose room is used for lactation, it must be available for lactation use whenever needed by the employee. The room should be cleaned and maintained to ensure it is sanitary.
Employer Obligations With Respect To Lactation
Employers have several obligations under California law to ensure compliance with lactation accommodation requirements:
Employers must develop and implement a written policy regarding lactation accommodation. This policy should be included in the employee handbook or provided to employees upon hiring.
Employers must inform employees of their rights to lactation accommodation. This includes providing information about the availability of break time and lactation rooms.
Employers are prohibited from retaliating against employees who request lactation accommodations. This means that employees cannot be fired, demoted, or otherwise penalized for exercising their rights.
Employers must make a good faith effort to provide lactation accommodations. If providing a lactation room would cause undue hardship, the employer must still make reasonable efforts to provide a suitable alternative.
Pregnant women in California are protected by a comprehensive framework of laws designed to protect pregnant employees. If you feel your employer has not fulfilled its obligations because of your pregnancy, contact us for a free case evaluation.
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