California's Fair Employment and Housing Act ("FEHA") prohibits employers from, among other things, harassing, demoting, terminating, or otherwise discriminating against any employee for becoming pregnant or requesting leave associated with pregnancy. If the employer has had five or more full time employees FEHA over the prior year, FEHA's protections apply. Another statute, the California Pregnancy Disability Leave Law ("PDLL") requires employers to provide up to four months of leave for employees actually "disabled" by pregnancy or pregnancy-related conditions.
The PDLL provides pregnancy leave even when the employer's policies do not grant leave for other short-term disabilities. In other words, in California, pregnant women have more protection in regards to their working conditions than do other workers, which reflects California's policy of protecting families and especially, women and their babies. After having a child the mother may be entitled to an additional 12-weeks of leave for that reason under the California Family Rights Act ("CFRA") which is California's state version of the Family and Medical Leave Act ("FMLA").
Whether leave is available under CFRA leave for birth of a child depends on the type of employer (must employ more than 50 employees within a seventy five mile radius), the number of hours worked by the employee in the past year preceding the first requested date of CFRA leave or other pregnancy disability leave (1250 hours), and the duration of the employment (must have worked more than one year for the employer). If you believe you have suffered pregnancy harassment, please contact California pregnancy harassment attorney in San Francisco, Los Angeles or San Diego.