Protecting Your Rights: Workplace Accommodations During Pregnancy in California

For many expecting parents in California, requesting pregnancy accommodations at work can feel daunting and uncertain. The outcome of these requests can affect not only your health and well-being, but also your livelihood and financial stability. Fortunately, California law offers strong protections when it comes to workplace accommodations for pregnancy.

It’s important to understand your rights and how the law protects you. If you try to navigate this process alone, you may face misunderstandings, delays, or even unlawful denials. Having an experienced lawyer by your side can make a major difference in securing the accommodations you need, ensuring that your voice is heard, and protecting your future.

The pregnancy law attorney at Yash Law Group has guided many individuals in Orange County and Southern California through these challenges with diligence and care. We understand the nuances of California’s workplace accommodation laws and we’re committed to advocating for fair treatment at every stage.

Click here to read more about pregnancy discrimination in California.

What Legal Protections Apply to Pregnancy Accommodations in California?

California provides some of the strongest workplace protections for pregnant employees in the country. Several overlapping laws ensure that you have the right to request and receive reasonable accommodations without fear of losing your job or suffering retaliation.

• At the state level, the Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations for their workers who are affected by pregnancy, childbirth, or related medical conditions, which include morning sickness or a high risk pregnancy. This may include modifying your work duties, adjusting your schedule or shifts for doctor’s appointments, providing you adequate notice of your pregnancy rights, or allowing you to take additional breaks to protect your health and that of your baby.
• In addition, California’s Pregnancy Disability Leave Law (PDLL) allows you to take up to 4 months of job-protected leave if your doctor determines that you’re unable to perform your job because of pregnancy-related conditions. Importantly, the PDLL applies regardless of how long you’ve worked for your employer.
• At the federal level, the Pregnancy Workers Fairness Act (PWFA) – effective in 2023 – requires covered companies to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship for the company.
• The federal Americans with Disabilities Act (ADA) may also apply if your pregnancy causes medical conditions that qualify as disabilities.

Together, these laws create a strong safety net for employees. Knowing which protections apply to you depends on the size of your workplace, your medical needs, and how your employer responds to your requests. However, the bottom line is clear: in California, you have legal rights that protect your health and your job during pregnancy.

What Counts as a “Reasonable Accommodation”?

The term “reasonable accommodation” can feel vague, but it simply means making adjustments to your job that allow you to keep working safely while pregnant. The law recognizes that pregnancy brings unique challenges. As a result, employers are expected to work with you to find practical solutions to ease these challenges.

Common examples of reasonable accommodations during pregnancy include:

• Modified duties such as reducing heavy lifting or limiting exposure to hazards.
• Flexible scheduling to allow for prenatal appointments or to avoid long hours.
• More frequent breaks for rest, hydration, or restroom use.
• Providing seating if your job usually requires standing for long periods.
• Temporary transfer to a less strenuous role if your current duties pose risks.
• Remote work or telecommuting, when feasible.

It’s important to understand that accommodations must be tailored to your situation. What’s reasonable for one person may not necessarily be for another. Your employer is legally required to engage in an interactive process with you. This involves a good-faith conversation with you to explore options and find a workable solution. Your employer also has a continuing obligation to accommodate your pregnancy. Even if the employer accommodates most of your requests for accommodation, but denies even a single accommodation, the employer may be in violation of the law.

While employers do not have to agree to every request, they cannot simply dismiss your needs. The law requires them to consider alternatives and make adjustments unless doing so would create “undue hardship” for the business. This often means most reasonable requests must be granted, especially in a state like California where worker protections are strong.

What Medical Documentation is Required for an Accommodation?

When you request an accommodation at work, your employer is entitled to some documentation, but the requirements are limited. The goal is to confirm that your request is medically supported – not to give your employer access to your entire medical history.

Typically, your health care provider will supply a simple note or certification stating:

• That you are affected by pregnancy or a pregnancy-related condition, and
• The specific limitations or restrictions recommended for your health and safety.

For example, your doctor’s note might state that you should take extra breaks, avoid lifting more than 15 pounds, or work a reduced schedule. It does not need to disclose detailed medical information or even your specific diagnosis. That information is protected under privacy laws.

Under California law, once you provide this documentation, your employer must work with you to provide accommodations unless they can show it would cause undue hardship. If you take Pregnancy Disability Leave (PDLL), your provider’s certification will also establish the length of time you need to take off work to properly support your condition.

Importantly, your employer cannot demand excessive medical records, pry into unrelated health matters, or delay your accommodations while waiting for unnecessary paperwork. If you encounter such issues, legal support from a local qualified employment lawyer can help ensure that your rights are respected.

How Do You Ask for Pregnancy Accommodations?

Requesting accommodations at work can feel intimidating, but approaching the process step by step can help you feel more confident. The law protects your right to ask, and you should never be penalized for doing so. Here are some practical steps you can take:

1. Put Your Request in Writing – While you can make your request verbally, written requests create a clear record. In your request, state that you’re pregnant (or experiencing a pregnancy-related condition) and outline the accommodations you need.
2. Provide Medical Documentation – Include a note from your health care provider if you can. This strengthens your request and gives your employer clear guidance.
3. Engage in the Interactive Process – Your employer may discuss your request with you. This may involve proposing adjustments, asking questions for clarity, or suggesting alternatives. The law requires them to collaborate in good faith.
4. Stay Professional and Clear – Be specific about what you need, whether it’s extra breaks, modified duties, or a temporary schedule change. Focus on how the accommodation will help you perform your job safely and effectively.
5. Keep Records – Save copies of your written requests, medical notes, and any correspondence such as texts or emails. Write down the dates of conversations and their outcomes. These records become invaluable if issues arise later.
6. Get Legal Support – An experienced California pregnancy accommodation lawyer can help set you up for success or defend your rights if that becomes necessary.

Remember, asking for accommodations is not a favor – it’s your legal right. By making a clear request and backing it up with documentation, you set yourself up for a smoother process and ensure that you’re protected if your employer resists.

What if Your Employer Refuses Your Accommodation Request?

Even though California law strongly protects your right to pregnancy accommodations, some employers still resist or outright deny requests. This can be stressful, especially when your health and your baby’s well-being are on the line. What can you do next?

1. Clarify the Reason for the Refusal – Your employer may have misunderstood the law or they believe the requested change is too disruptive. Ask them to explain their reasoning in writing. This makes them give you a concrete reason and helps you evaluate whether their response is lawful or simply a matter of preference.
2. Revisit the Interactive Process – Employers must engage in good-faith discussions to find workable solutions. If your first request is denied, suggest alternatives or ask what accommodations your employer can provide. The law does not allow companies to simply shut down the conversation without trying.
3. Document Everything – Keep detailed notes of all communications related to your accommodation request, including who you spoke with, what was said, and when. Save emails, texts, letters, and HR forms. Documentation creates a clear timeline and strengthens your position if you need to escalate the issue.
4. File a Complaint if Necessary – If your employer continues to refuse, you have the right to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate workplace discrimination and accommodation claims. You also have the right to file a civil lawsuit in the Superior Court of California.
5. Consider Legal Representation – An employment lawyer can evaluate your case, explain your rights, and take immediate action to protect your interests. In many cases, having an attorney on your side is what makes employers take accommodations requests seriously and ultimately comply with the law.

Refusals can feel overwhelming, but you are not powerless. The law is designed to safeguard you, and there are clear steps to take if your employer does not honor your rights. With the right support, you can get the accommodations you deserve and, if necessary, hold your employer accountable if you were fired, demoted, suspended, or otherwise mistreated because of your pregnancy or pregnancy related medical condition.

Securing pregnancy accommodations at work is not just about temporary adjustments – it’s about protecting your health, your family’s future, and your career. When an employer fails to meet their obligations, the consequences can feel overwhelming.

Thankfully, you don’t have to face the situation alone. The right legal guidance can give you the clarity, confidence, and the support you need to move forward with strength. At Yash Law Group, our employment law firm has a track record of helping Orange County and Southern California employees protect their rights and navigate the process of requesting pregnancy accommodation at work. Contact us now to get started.