An employer in California with five or more employees is required to provide reasonable accommodations to a pregnant employee. These could include things such as transferring them to a less strenuous or hazardous position, providing pregnancy disability leave (PDL) of up to four months or modifying their work schedule to allow more frequent breaks.
An employer may need time to plan for these things. So, how much notice does an employee need to give them?
Employees should provide sufficient notice
You need to give your employer sufficient notice to receive a reasonable accommodation. Sufficient notice in this context means 30 days. Therefore, if you want to obtain a transfer, take a PDL or get additional breaks, your employer should have 30 days from when you make the request to when you want the particular reasonable accommodation.
This gives them time to assess your needs and plan for necessary adjustments, minimizing disruptions in the workplace.
As soon as practicable
Some situations may be unforeseeable, which means the need for reasonable accommodation may be an emergency. For example, if you develop a pregnancy-related complication like severe morning sickness or preeclampsia.
In such situations, you should inform your employer about your pregnancy and request a reasonable accommodation as soon as practicable.
What should you provide?
Your employer may require you to provide a written medical certification from your healthcare provider, supporting the need for reasonable accommodation. In an emergency or unforeseeable situation, your employer may provide you with a time frame within which you should submit this certification.
If it’s not practicable for you to submit the certification despite your good efforts to do so, your employer may use alternative means to verify your medical condition, such as requesting a doctor’s note via email.
Pregnant employees should learn more about their rights and obligations to follow the appropriate procedures to receive reasonable accommodations.