Working up to your due date is common here in the U.S. Whether you choose to work during your entire pregnancy or take time for maternity leave, understanding your employer’s accommodation requirements during your pregnancy and postpartum is an important part of this crucial decision.
At Erkel Law, P.C., an attorney can discuss what pregnancy and postpartum accommodations that state law requires employers to provide and how to defend you if your company violated your legal rights.
State law strictly enforces specific pregnancy and postpartum workplace rights, and employers must implement these accommodations in most cases. Before taking maternity leave, eligible employees have the legal right to request:
Remote work or reduced schedules should also be provided to attend prenatal appointments or manage pregnancy-related health issues.
Under state labor laws (C.L.C. §§ 1030-1034), employers must offer pregnancy and postpartum support, such as the right to a private location for nursing mothers to express breast milk. This does not mean a bathroom. There must be a place to sit, a surface for the breast pump, and access to electricity for charging the device. A refrigerator must also be nearby, as well as a sink with running water.
Employers with a minimum of five employees must provide four months of job-protected leave for pregnancy, childbirth, and related conditions. Eligibility for pregnancy disability leave (PDL) may not require a minimum tenure or length-of-service requirement—and you do not need to use the time all at once. You could use it intermittently for prenatal care, severe morning sickness, or pregnancy-related depression. While employers must maintain your health insurance benefits while you are on PDL as part of their compliance with required pregnancy and postpartum accommodations, it is typically unpaid time off work.
You may also have the right to additional protections under the California Family Rights Act—a maximum of 12 weeks of job-protected leave. The purpose of this time is to help you bond with your new child, but you must take it within the first year of birth or placement. It is possible to take this leave whether you give birth, adopt a child, or provide foster care.
Navigating the state’s workplace pregnancy and postpartum laws could be complex, but you do not have to do it alone. Understanding your rights with the guidance of a skilled lawyer helps protect your job and health so you can focus on your growing family.
If your employer violated your rights by failing to provide pregnancy and postpartum accommodations and you want a tenacious attorney to advocate for you, call Erkel Law, P.C., today.
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