Pregnancy Discrimination and Leave Rights Under FEHA and California Law
Pregnancy should never cost someone their job, income, or professional future, but it still happens. Some employees experience sudden schedule changes, reduced hours, harsher discipline, harassment, or termination after sharing they are pregnant or requesting time off for pregnancy-related medical needs. In California, multiple laws protect pregnant employees from discrimination and provide job-protected leave and accommodations.
This guide explains pregnancy discrimination under the California Fair Employment and Housing Act (FEHA), how Pregnancy Disability Leave (PDL) works, how CFRA baby bonding leave may apply after pregnancy disability leave, and what employees can do if an employer violates their rights.
What Counts as Pregnancy Discrimination in California?
Under FEHA, it is unlawful for employers to discriminate against an employee because of sex, and California law treats discrimination based on pregnancy, childbirth, and related medical conditions as a form of sex discrimination. FEHA’s general anti-discrimination provisions are found in Gov. Code § 12940. FindLaw Codes
Pregnancy discrimination can show up in many ways, including:
- Being fired or laid off soon after announcing a pregnancy
- Being denied a promotion or training opportunity because you “might be out soon”
- Having hours reduced, being moved off key projects, or being forced into light duty without medical need
- Harassment (comments, jokes, or hostility) related to pregnancy or maternity
- Being punished for requesting pregnancy-related leave or accommodations
California’s Civil Rights Department (CRD) also provides guidance for pregnant employees and emphasizes employers must not discriminate, harass, or retaliate on the basis of pregnancy. Civil Rights Department
Your Right to Pregnancy Disability Leave (PDL)
One of the most important California protections is Pregnancy Disability Leave (PDL). Under Gov. Code § 12945, employees who are disabled by pregnancy, childbirth, or a related medical condition are entitled to job-protected leave for a reasonable period (up to the legal maximum). FindLaw Codes
How long is PDL?
The CRD explains that an employee disabled by pregnancy is entitled to up to four months of leave per pregnancy (the amount is based on the period of actual disability). Civil Rights Department
California regulations define “pregnancy disability leave” and clarify that it can be paid or unpaid, and covers leave taken when an employee is disabled by pregnancy, childbirth, or a related medical condition. Legal Information Institute
Who is eligible?
PDL is available if your employer is covered (generally 5+ employees), and notably, PDL does not require the same length-of-service eligibility rules that apply to other leaves—PDL is tied to pregnancy disability itself. advocatemagazine.com
Is PDL paid?
PDL is job-protected, but employers are not automatically required to pay wages during PDL unless they do so for other temporary disability leaves in comparable situations. However, employees may be eligible for California State Disability Insurance (SDI) benefits for pregnancy disability. California regulations discuss pay treatment and accrued time off during PDL. Legal Information Institute
CFRA Baby Bonding Leave After Pregnancy Disability Leave
Many employees confuse pregnancy disability leave (PDL) with baby bonding leave. They are not the same—and in many situations, eligible employees can use both.
The CRD explains that PDL covers time you’re medically disabled due to pregnancy/childbirth, while the California Family Rights Act (CFRA) provides job-protected leave to bond with a new child (birth, adoption, or foster placement). Civil Rights Department
The CRD also confirms that if an employee is eligible for CFRA, they may take PDL and CFRA baby bonding leave separately (meaning bonding leave can follow pregnancy disability leave). Civil Rights Department
In practical terms:
- PDL = medical disability leave related to pregnancy/childbirth
- CFRA = baby bonding leave after the child is born/placed (for eligible employees) Civil Rights Department+1
Pregnancy-Related Accommodations and Break Rights
Beyond leave, pregnant employees may also have the right to workplace accommodations—like schedule adjustments, modified duties, or additional breaks—depending on medical needs and the job. The CRD’s pregnancy rights materials also highlight related protections, such as break time and private space for expressing breast milk under California labor provisions. Civil Rights Department
Additionally, federal protections may apply too. The EEOC explains that under the Pregnant Workers Fairness Act (PWFA), covered employers must provide reasonable accommodations for known limitations related to pregnancy/childbirth unless it causes undue hardship, and employers generally can’t force an employee to take leave if another accommodation would allow them to work. EEOC
What to Do If You Believe Your Rights Were Violated
If you suspect pregnancy discrimination or denial of pregnancy leave rights, these steps can help protect you:
Step 1: Document everything
Keep a timeline and save:
- Emails, texts, meeting notes
- Schedule changes and write-ups
- HR reports and responses
- Medical notes related to pregnancy disability (if applicable)
Step 2: Review your employer’s policies
Look at your employee handbook for leave and complaint procedures. If you report internally, do so in writing when possible.
Step 3: Ask for clarification in writing
If your employer denies leave or changes your role, ask for the reason in writing. Sudden inconsistencies can become key evidence later.
Step 4: Consider filing a complaint
Pregnancy discrimination and FEHA violations may be filed with the California Civil Rights Department (CRD). The CRD provides a formal complaint process and resources. Civil Rights Department+1
Step 5: Talk to an employment lawyer
Pregnancy discrimination cases are time-sensitive and fact-specific. A lawyer can evaluate whether your situation involves discrimination, retaliation, denial of leave, or failure to accommodate and can help you determine the best path forward.
Conclusion
California law provides strong protections for pregnant workers. Under FEHA and related laws, employers cannot discriminate based on pregnancy, must provide pregnancy disability leave when medically necessary, and may have obligations regarding accommodations and post-birth bonding leave. Knowing your rights—and documenting and acting quickly if something feels wrong, can make all the difference.
If you believe you have experienced pregnancy discrimination, been denied pregnancy disability leave, or faced retaliation for requesting time off or accommodations, you do not have to navigate this alone. California law provides strong protections for pregnant employees, but enforcing those rights often requires timely action and legal guidance.
