Employees should expect to be able to do their job duties without worrying about harassment or discrimination at work. Even if they need to take time off, they still shouldn’t have to worry about negative employment actions, provided that the time they take is protected by law.
With that said, there’s no doubt that certain individuals have rights that don’t necessarily apply to others. For example, woman have protections against being discriminated against or being harassed because they’re pregnant or breastfeeding. This is not a state that applies to everyone.
California has significant protections for workers who are navigating these circumstances. For example, employees who are pregnant are due the same treatment as any employee who’s dealing with a temporary disability.
Rights during pregnancy
It’s illegal for employers to discriminate against women who are pregnant at every step of the employment process, including those who are applying for a job. They can’t fire or deny promotions to a woman who’s pregnant solely because she’s expecting a baby. Additionally, pregnant employees are entitled to reasonable accommodations, which can include modified work duties, more frequent breaks or time off for medical appointments. Some workers may qualify for Paid Family Leave during pregnancy.
Breastfeeding rights at work
California law also protects the rights of breastfeeding mothers. All employers must provide breastfeeding women with time to pump milk. There’s not a time limit for this, but the time must be reasonable. Women can try to do this at a time that coincides with normal rest or lunch periods, but that’s only if it’s possible. An employer must provide a space that’s free from the view of others for the woman to express milk. This can’t be in a bathroom and must be free from intrusion.
Family and medical leave
The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide protections for employees. These laws offer up to 12 weeks of job-protected leave for pregnancy and birth. This time is unpaid, and can be taken intermittently. Both parents can take this leave if they meet the qualifications, which includes working for a certain period of time for their employer.
Pregnancy and breastfeeding are considered protected conditions, so workers who seek the time off or accommodations they’re due shouldn’t face discrimination, harassment or retaliation in the workplace as a result. Those who do can benefit from seeking personalized legal guidance accordingly.