Pregnancy, Parenthood and Job Security Under California’s Leave and Accommodation Laws

Pregnancy and the transition to parenthood can be joyful, stressful, and overwhelming all at once. California law recognizes this and provides some of the strongest protections in the country to ensure that employees can progress through pregnancy, childbirth, and bonding with a new child without sacrificing their careers. These protections come from several overlapping laws, including the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), the Pregnancy Disability Leave (PDL) law, the federal Family and Medical Leave Act (FMLA), and accommodation requirements under both FEHA and the Americans with Disabilities Act (ADA).

Together, these laws safeguard employees from discrimination, guarantee time off during and after pregnancy, and require reasonable accommodations for pregnancy-related conditions. Understanding how these laws fit together is essential for employees seeking to protect their rights and for employers looking to navigate their obligations correctly. Learn more below, and contact Richard Koss, Attorney at Law, in the Bay Area to speak with an experienced San Francisco pregnancy discrimination lawyer.

Pregnancy Discrimination: What Employers Can and Cannot Do

Both federal and California laws prohibit discrimination based on pregnancy, childbirth, or related medical conditions. Under California’s FEHA, it is unlawful for an employer with five or more employees to take adverse action against an employee because they are pregnant, planning to become pregnant, or have experienced pregnancy-related complications. This includes firing, demotion, reduced hours, denial of promotion, or harassment.

While federal law, in particular Title VII as amended by the Pregnancy Discrimination Act, also prohibits pregnancy discrimination, FEHA provides broader coverage and stronger remedies. In California, employees do not have to prove that pregnancy was the sole reason for unfair treatment; they only need to show that it was a motivating factor.

Employers cannot:

• Refuse to hire someone because they are pregnant or may become pregnant
• Force a pregnant employee to take leave if they can still perform their job
• Deny accommodations that are available to other temporarily disabled employees
• Penalize an employee for requesting or using pregnancy-related leave

Any negative employment action tied to pregnancy or childbirth can constitute unlawful discrimination.

Reasonable Accommodations: FEHA and the ADA

Pregnancy itself is not considered a disability, but pregnancy-related medical conditions, such as preeclampsia, gestational diabetes, or complications requiring bed rest, can qualify as disabilities under FEHA and the ADA.

Under FEHA, employers must provide reasonable accommodations to pregnant employees when requested with the advice of a healthcare provider. Reasonable accommodation may include:

• Modified work schedules
• Remote work or light duty
• Additional break time for rest or hydration
• Temporary reassignment
• Transfer to a less strenuous or hazardous position
• Time off for pregnancy-related medical needs

FEHA’s accommodation rights are broader than those under the ADA because FEHA applies to more employers and recognizes temporary conditions more readily. Employers must also engage in a timely interactive process with the worker to determine what accommodations are necessary and feasible.

Importantly, accommodations are available before, during, and after pregnancy if the employee experiences related medical conditions.

Pregnancy Disability Leave (PDL): Up to Four Months of Job-Protected Leave

California’s Pregnancy Disability Leave (PDL) law is a unique protection that exists in addition to CFRA and FMLA. Any employee working for an employer with five or more employees is entitled to PDL for the period they are “disabled by pregnancy,” which typically includes:

• Severe morning sickness
• Doctor-ordered bed rest
• Recovery from childbirth
• Postpartum medical issues

PDL can last up to four months, or approximately 17⅓ weeks. This leave is job-protected, meaning the employer must return the employee to the same or a comparable position afterward.

An employee who uses their full PDL period may still be eligible for additional leave under CFRA for baby bonding, extending their total time off significantly.

CFRA and FMLA: Bonding and Additional Medical Leave

Both CFRA (California law) and the FMLA (federal law) offer up to 12 weeks of job-protected leave for bonding with a new child, including biological children, adopted children, and children placed through foster care.

While there is overlap between the two laws, CFRA provides advantages for California employees:

More Employees Are Eligible Under CFRA

CFRA applies to employers with five or more employees, whereas FMLA applies only to employers with 50 or more employees within a 75-mile radius. Many small business employees who are ineligible for FMLA are fully covered by CFRA.

CFRA Provides Bonding Leave After PDL Ends

PDL covers pregnancy-related disability. After PDL, employees may take 12 weeks of CFRA bonding leave, giving many new parents the ability to take extended time off after childbirth. Federal law does not provide for PDL and so employees under the federal scheme are limited to only the 12 weeks of FMLA.

Bonding Leave Available for All Parents

Both parents, regardless of gender, are entitled to bonding leave. CFRA also covers parents welcoming a child through adoption or foster placement.

More Flexibility with Intermittent Leave

CFRA allows employees to take bonding leave intermittently, in increments as small as needed, within the first 12 months of the child’s arrival. FMLA bonding leave can be limited by employer approval if taken intermittently.

CFRA Covers More Family Members for Caregiving

Although not pregnancy-related, CFRA also allows leave to care for a broader range of family members than FMLA, which can matter for postpartum recovery needs.

Job Protection and Benefits Continuation

During PDL, CFRA leave, and FMLA leave, employees have the right to:

• Job restoration
• Continued health insurance benefits
• Freedom from retaliation or interference

Any adverse action taken because an employee requested or used leave may constitute discrimination or retaliation under FEHA, CFRA, or FMLA.

What Employers and Employees Need to Know

For employers, compliance requires understanding how PDL, CFRA, and FMLA overlap. They must update handbooks, train HR staff, provide required notices, and maintain consistent nondiscriminatory policies. Employers should never penalize employees for pregnancy, childbirth, or related leave.

For employees, the key is knowing your rights and the sequence of leave available. California’s laws are designed to work together: PDL for disability during pregnancy, followed by CFRA for bonding time. If an employer resists or retaliates, legal protections are available.

Get Help From an Experienced California Employment Law Attorney

If you have questions about pregnancy rights, parental leave, or accommodations in the workplace, attorney Richard Koss can help employees and employers navigate California’s complex web of employment laws. Serving employers and employees throughout the San Francisco Bay Area.