The short version: If your California employer has five or more employees, it can't treat you worse because you're pregnant. You can ask for reasonable accommodations, take up to four months of pregnancy disability leave with your job protected, and then take up to 12 more weeks of baby-bonding leave if you qualify. If your rights are violated, you generally have three years to file a complaint with the California Civil Rights Department.
Pregnancy should not cost you your job. California law protects you, and federal law adds another layer. Here is how those rights fit together.
Is pregnancy discrimination illegal in California?
Yes. California's Fair Employment and Housing Act (FEHA) bans discrimination because of sex (Gov. Code § 12940(a)). Under FEHA, "sex" includes pregnancy, childbirth, breastfeeding, and medical conditions related to any of them (Gov. Code § 12926(r)(1)).
Your employer can't fire you, demote you, cut your hours, pass you over for promotion, or refuse to hire you because you're pregnant or recently gave birth. These rules apply to employers that regularly employ five or more people (Gov. Code § 12926(d)).
How much pregnancy disability leave can I take?
If you're disabled by pregnancy, childbirth, or a related medical condition, you can take up to four months of Pregnancy Disability Leave, often called PDL (Gov. Code § 12945(a)(1)). PDL applies to employers with five or more full or part-time employees (Cal. Code Regs., tit. 2, § 11035(h)).
"Four months" means the days you would normally work in four calendar months. For a full-time worker, that is roughly 17⅓ weeks (Cal. Code Regs., tit. 2, § 11035(l)). PDL covers only the time you're disabled, as your health care provider determines. "Disabled" covers more than bed rest. Severe morning sickness, prenatal care, gestational diabetes, and recovery from childbirth can all qualify (Cal. Code Regs., tit. 2, § 11035(f)). You can take PDL all at once or in pieces.
Do I keep my health insurance and my job during PDL?
Yes to both. Your employer must keep paying for your group health coverage during PDL, at the same level as if you were working, for up to four months in a 12-month period (Gov. Code § 12945(a)(2)(A); Cal. Code Regs., tit. 2, § 11044(c)).
When your leave ends, you have a right to return to the same position, and your employer must put that guarantee in writing if you ask (Cal. Code Regs., tit. 2, § 11043(a)). An employer can refuse only in narrow situations, such as a genuine layoff, and even then it may have to offer a comparable position.
Can I get accommodations or a transfer while I'm pregnant?
Yes. If your health care provider advises it, your employer can't refuse a reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition (Gov. Code § 12945(a)(3)(A); Cal. Code Regs., tit. 2, § 11040). Examples include more frequent breaks, a stool or chair, and modified duties. You and your employer must work through the request together in good faith.
You can also ask for a temporary transfer to a less strenuous or less hazardous position. If your doctor advises it and the transfer can reasonably be accommodated, your employer can't refuse (Gov. Code § 12945(a)(3)(C)). Your employer doesn't have to create a new job or fire someone else to make room for you.
An accommodation doesn't use up your PDL. Your right to leave stays intact (Cal. Code Regs., tit. 2, § 11040).
What about baby-bonding leave after the birth?
The California Family Rights Act (CFRA) gives eligible workers up to 12 workweeks of job-protected leave in a 12-month period to bond with a new child (Gov. Code § 12945.2(a), (b)(5)(A)). CFRA covers employers with five or more employees (Gov. Code § 12945.2(b)(4)(A)).
To qualify, you need more than 12 months of service with your employer and at least 1,250 hours worked in the 12 months before the leave starts (Gov. Code § 12945.2(a)). Bonding leave must be taken within one year of the birth.
CFRA bonding leave is separate from PDL. You can take up to four months of PDL and then up to 12 workweeks of CFRA bonding leave, for a combined total of four months plus 12 workweeks (Cal. Code Regs., tit. 2, § 11093(a), (d)).
How does the federal Pregnant Workers Fairness Act fit in?
The federal Pregnant Workers Fairness Act (PWFA) took effect June 27, 2023. It covers employers with 15 or more employees and requires them to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an undue hardship (42 U.S.C. § 2000gg-1(1)). It also bars employers from forcing you onto leave when another accommodation would let you keep working (42 U.S.C. § 2000gg-1(4)).
If your employer has between five and 14 employees, California law still covers you. If it has 15 or more, both laws apply, and you can rely on both.
Can my employer punish me for using these rights?
No. FEHA makes it illegal to fire or otherwise discriminate against you because you opposed a practice FEHA forbids or because you filed a complaint, testified, or assisted in a proceeding (Gov. Code § 12940(h)). It is also illegal for an employer to interfere with, restrain, or deny your pregnancy leave and accommodation rights (Gov. Code § 12945(a)(4)). The PWFA separately bars retaliation for requesting or using an accommodation.
Watch for sudden write-ups, schedule cuts, or a "restructuring" right after you announce your pregnancy or ask for leave. Timing matters.
What other rights do new parents have?
California also requires employers to give you break time and a private space to express breast milk. Read our guide to lactation breaks in California. If you experience a miscarriage, stillbirth, or another reproductive loss, you may be entitled to separate leave. See our guide to reproductive loss leave in California.
How long do I have to file a complaint?
Before you can sue under FEHA, you generally must file a complaint with the California Civil Rights Department. You have three years from the date of the unlawful practice to do it (Gov. Code § 12960(e)(5)). Don't wait. Three years goes by fast with a newborn.
What should I do now?
- Write things down. Keep a dated log of comments about your pregnancy, schedule changes, and who said what.
- Put accommodation requests in writing. Email your request to HR or your manager and keep a copy of every reply.
- Keep copies of your doctor's notes. Save every note and certification you give your employer, outside of any work system.
- Don't quit or sign anything first. Before you resign or sign a severance or separation agreement, talk to an employment lawyer about your options.
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Get help nowThis article is general information about California and federal law as of its date, not legal advice for your situation. Laws change, and the right move depends on your facts.