Pregnancy rights questions, answered

No. California's Fair Employment and Housing Act (FEHA) makes it illegal for an employer with five or more employees to fire you, refuse to hire you, demote you, cut your pay, or change your job because of your sex. Under FEHA, sex includes pregnancy, childbirth, breastfeeding, and related medical conditions (Gov. Code §§ 12926(d), 12926(r)(1), 12940(a)). If you were written up, pushed out, or passed over after you announced a pregnancy, the timing matters. Write down what happened and when.

If pregnancy, childbirth, or a related condition disables you, you can take up to four months of pregnancy disability leave (PDL) per pregnancy (about 17⅓ weeks for a full-time worker). PDL applies to employers with five or more employees, with no minimum time on the job (Gov. Code § 12945; Cal. Code Regs., tit. 2, §§ 11035, 11037, 11042).

After PDL, the California Family Rights Act (CFRA) can add up to 12 weeks of bonding leave within a year of the birth. You need more than 12 months on the job and at least 1,250 hours worked in the 12 months before your leave (Gov. Code § 12945.2; Cal. Code Regs., tit. 2, § 11090).

Yes, if the request is reasonable and comes on your health care provider's advice. California requires employers with five or more employees to provide reasonable accommodations for pregnancy, such as modified duties, more breaks, or a seat. You can also ask to transfer to a less strenuous or hazardous position when your provider says it's medically advisable (Gov. Code § 12945; Cal. Code Regs., tit. 2, §§ 11040, 11041). Federal law adds protection: the Pregnant Workers Fairness Act covers employers with 15 or more employees and bars them from forcing you onto leave when another accommodation would work.

Yes. Every California employer must give you a reasonable amount of break time to express milk each time you need it (Lab. Code § 1030). When possible, that time runs during your regular paid rest breaks. Extra time beyond those breaks can be unpaid. Federal law also requires break time and a private space other than a bathroom for one year after your child's birth (29 U.S.C. § 218d). For the details, read our lactation guide.

Nothing up front. We handle pregnancy discrimination and retaliation cases on contingency: no fee unless we win. If there is no recovery, you pay no fees or costs. We'll explain the fee in a written agreement before any work begins.

Yes. California's reproductive loss leave gives you up to five days off after a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction (Gov. Code § 12945.6(b)(1)). It applies to private employers with five or more employees and to public employers, once you've worked there at least 30 days. You can split the days up, but you must use them within three months of the loss. The leave can be unpaid, though you can use available sick time, vacation, or PTO. Learn more in our reproductive loss leave guide.

Yes. When you return from pregnancy disability leave, you have the right to return to the same position you had before, with only narrow exceptions. If you ask, your employer must put that guarantee in writing (Cal. Code Regs., tit. 2, § 11043). If your employer offers group health coverage, it must keep paying for it during PDL, up to four months per pregnancy, on the same terms as before your leave began (Gov. Code § 12945(a)(2)(A); Cal. Code Regs., tit. 2, § 11044). CFRA bonding leave also comes with a guarantee of the same or a comparable position when you return (Gov. Code § 12945.2(a)).

No. Firing, demoting, disciplining, or cutting your hours because you asked for a pregnancy accommodation, took pregnancy or bonding leave, or complained about discrimination is illegal retaliation (Gov. Code §§ 12940(h), 12945(a)(4), 12945.2; Cal. Code Regs., tit. 2, § 11021). Watch for sudden changes after you make a request: a bad review out of nowhere, a schedule cut, or a new manager who starts documenting everything. Save emails and texts, and write down dates while they're fresh.

Pregnancy disability leave doesn't have to be paid by your employer. You're entitled to use accrued vacation during it if you want to (Gov. Code § 12945(a)(1)), and your employer can require you to use accrued sick leave unless you're receiving State Disability Insurance (Cal. Code Regs., tit. 2, § 11044).

The state may replace part of your pay. Through EDD, State Disability Insurance typically covers up to four weeks before and six weeks after a normal delivery. Paid Family Leave then pays up to eight weeks to bond. PFL pays benefits but doesn't protect your job; PDL and CFRA do that.

Under California's Fair Employment and Housing Act, you generally have three years from the date you were last harmed to file a complaint with the California Civil Rights Department (Gov. Code § 12960(e)(5)). Once the department issues a Right-to-Sue notice, you generally have one year from the date of that notice to file a lawsuit (Gov. Code § 12965(c)(1)(D)). Other claims, like lactation break violations, can have shorter deadlines. Evidence fades and memories blur, so don't wait until the last month to talk to a lawyer.

• 5 or more employees: FEHA's ban on pregnancy discrimination, pregnancy disability leave and accommodation, CFRA bonding leave, and reproductive loss leave (Gov. Code §§ 12926, 12945, 12945.2, 12945.6).
• 15 or more employees: the federal Pregnant Workers Fairness Act.
• Every employer: California's lactation break law (Lab. Code § 1030). An employer with fewer than 50 employees may be exempt from some lactation requirements if it can show undue hardship.

Public employers, like the state and counties, are covered no matter their size.

• Put accommodation requests in writing, and keep a copy.
• Keep doctor's notes and any work restrictions your provider gives you.
• Save emails, texts, schedules, and reviews somewhere your employer can't access.
• Write down dates, names, and what was said after any meeting about your pregnancy or leave.
• Don't quit or sign anything until you've talked to a lawyer.

Yes. We represent employees who work in California, with offices in San Diego and Orange County.

Yes. Your employer must give you a private place to pump close to your work area, and it can't be a bathroom. The space must be shielded from view, free from intrusion, safe, and clean. It also needs a surface for your pump, a place to sit, electricity, and access to a nearby sink with running water and a refrigerator for your milk. An employer that denies you a break or adequate space can face a $100 per day citation, and a denial counts as a rest break violation, which can mean premium pay (Lab. Code §§ 1031, 1033).