What Are My Employment Rights if I am or Become Pregnant?

As society continues to advance, Americans are living longer, maintaining their careers, and deciding to have children a little later in life.  Most adults today want it all and employment laws, especially in California,  reflect their support of this current trend. In California, there are laws that provide protection and rights for employees who become pregnant, are presently pregnant, or suffer from pregnancy-related medical conditions both physical and/or mental. The laws can be complicated, however, so it is essential for employees to know their basic rights when it comes to pregnancy and to also seek legal counsel.  An employment attorney would be helpful in the application of these employee rights to the employee’s particular situation.  An employee should have the freedom to have a child or plan to have a child without worrying whether it will place their career in jeopardy. Although an employee should reach out to a Work Lawyer for pregnancy-related work issues, the following information may be important to keep in mind.

The amount of employees at your workplace is an important factor

The number of employees employed at a pregnant employee’s work (try saying that five times and fast) is an important factor in determining what rights a pregnant employee has.  Speaking of five, employees who are pregnant, become pregnant, or were pregnant, may be entitled to certain rights if their workplace has at least five employees.  An employer is obligated to provide the employee with a leave of absence and or justifiable accommodation.  So, although it may appear to be out of the ordinary, the rule usually is that an employee who is pregnant, given birth, or experienced a miscarriage may be entitled to certain employee rights but there does need to be at least five employees employed at the particular employee’s workplace in order to be entitled to those rights.

Keep in mind that an employee who is or was pregnant is also entitled to these protections if the employee has a miscarriage and/or any physical or mental health issues that may arise out of childbirth or misarrange.  A work attorney is the type of legal professional who could clarify any questions or concerns an employee has regarding their rights according to the laws that concern employees and pregnancy-related occurrences.

Your employer may be required to provide you with a four-month leave

There are certain types of employers who are required to comply with particular laws regarding pregnancy leave for their employees. If an employer is required to comply with these laws, then technically the employee must provide the employee with up to four months of leave.  Ultimately, the employee’s doctor should provide in writing his or her recommendation for how long the employee will need off from work, but again the employer may be required to provide the employee up to 4 months.

If the employer or organization has a policy that provides more than four months leave, the employer may be held accountable for actually providing that extended amount of time if and when an employee needs to take a leave regarding pregnancy, otherwise, this may result in a breach of contract claim.

There is such a thing as pregnancy being protected in the workplace

Employees who are pregnant or have a medical condition are both considered protected by the law.  Even though pregnancy and medical conditions are two separate but recognized classes/characteristics that are protected by the law, one may accompany the other. In other words, an employee may have a pregnancy-related injury, illness, or condition. Now, what does it mean pregnancy and medical conditions are protected?  It means that according to certain employment laws, employees who fall into either or both categories are protected in certain ways in the workplace.  Pregnant employees, employees with a medical condition, or employees with a pregnancy-related condition may be entitled to job security, meaning they may have their position reinstated to them upon their return from taking a leave due to their condition. Also, protection means that the law prohibits an employer from treating an employee adversely because of the of the employee’s condition.  It is against the law for the employer to demote, reduce pay, deduct work hours, deny employee benefits, and/or tease or make inappropriate comments regarding an employee’s condition.  Should an employer conduct themselves in such a manner is considered discriminatory behavior. 

Discriminatory behavior comes in many forms, therefore, an employee who feels they are being treated negatively, based on their condition, they should contact a Work Lawyer to discuss what rights they are entitled to and determine whether those rights were violated.

There are many laws that are triggered once an employee becomes pregnant

Depending on the particular facts of a case, there are many different laws that regulate the rights of employees and employers when an employed individual becomes pregnant.

If an employee is discriminated against for being pregnant or is discriminated against for taking a medical leave for their pregnancy, discrimination laws are prompted. There are state laws and federal laws that pertain to discrimination in the workplace.  The state laws in California are similar to the federal law, however, depending on the employee’s particular circumstances, an employee may find that the state laws are more beneficial to their case. Of course, this is something that a Work Lawyer should be able to determine.

When it comes to an employee needing to take a leave due to pregnancy disability, meaning the employee is diagnosed with a condition or injury that is related to their pregnancy, there are certain laws within the state that are then engaged.

                Pregnancy leave, pregnancy-related injuries, and/or pregnancy discrimination are all complex legal issues that a Work Lawyer would need to help an employee with.  If an employee has made a formal complaint regarding any of the mentioned issues and no steps have been taken by the employer to remedy the problem, then the employee should contact a Work Lawyer.  An employment attorney may be able to sift through the laws to determine what rights a particular employee has and whether or not that employee should pursue a case against their employer.