Under California law, employers cannot require a pregnant employee to take a leave of absence solely because of their pregnancy. If the employee is capable of performing their job duties, they have the right to continue working.

If an employer has required you or a loved one to take a leave of absence due to pregnancy, contact our Los Angeles pregnancy discrimination attorneys today. Call (949) 379-6250 for a free consultation.

When Can an Employer Require a Pregnant Employee to Take Leave in Los Angeles?

California law generally prohibits employers from forcing pregnant employees to take leave if they are able to perform their job duties with or without reasonable accommodations.

For example:

A pregnant worker who is experiencing mild discomfort but can still fulfill their job duties should not be forced to take leave.
If an employee requests an accommodation, such as a modified work schedule or lighter duties, the employer must provide it unless it creates an undue hardship.

However, there are exceptions where an employer may legally require a leave of absence. If a healthcare provider determines that the pregnancy or a related medical condition makes it unsafe for the employee to work, the employer may require the employee to take leave. This decision must be based on objective medical evidence and not on assumptions or stereotypes about pregnancy.

California Laws Protecting Pregnant Employees

Several state and federal laws work together to safeguard the rights of pregnant employees in California. These laws prohibit unlawful dismissal and discrimination based on pregnancy, ensuring that pregnant workers have access to reasonable accommodations, job-protected leave, and fair treatment in the workplace. Those include:

California Fair Employment and Housing Act (FEHA)

FEHA prohibits discrimination, harassment, and retaliation against employees based on pregnancy, childbirth, or related medical conditions. It requires employers with five or more employees to provide reasonable accommodations for pregnant workers unless doing so would impose an undue hardship.

Pregnancy Disability Leave (PDL)

PDL allows eligible employees to take up to four months of leave for a pregnancy-related disability, such as severe morning sickness, preeclampsia, or recovery from childbirth. Importantly, PDL is voluntary for the employee. Employers cannot force workers to take PDL unless the pregnancy or related condition genuinely prevents the employee from performing essential job functions.

California Family Rights Act (CFRA)

CFRA provides up to 12 weeks of job-protected leave for bonding with a newborn or for serious medical conditions, including pregnancy-related issues. Similar to PDL, CFRA leave is an option, not a requirement.

Pregnancy Discrimination Act (PDA)

At the federal level, the PDA prohibits employers from treating pregnant employees differently than other employees with temporary medical conditions.

What are Reasonable Accommodations for Pregnant Employees?

Instead of requiring leave, California law emphasizes providing reasonable accommodations to enable pregnant employees to continue working. Examples of accommodations include:

Modifying work schedules to allow more frequent breaks.
Adjusting physical tasks, such as lifting restrictions.
Offering a temporary reassignment to less strenuous duties.

If an employer requires a pregnant employee to take leave against their wishes, it could constitute pregnancy discrimination under FEHA or the PDA.

What To Do If an Employer Forces a Pregnant Employee to Take Leave in Los Angeles?

Pregnant employees who feel forced into leave or experience other forms of discrimination should take the following steps:

Document the Incident: Keep records of conversations, emails, and other communications with your employer about the forced leave.
Consult a Doctor: Obtain a medical opinion confirming your ability to work if necessary.
File a Complaint: You can file a claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
Seek Legal Advice: Contact an experienced Los Angeles employment discrimination attorney to evaluate your case and help protect your rights.

Can An Employer Require a Pregnant Employee to Take a Leave of Absence?