California’s Pregnancy Disability Leave Laws: Recent Litigation Trends and Employer Duties

Pregnancy disability leave (PDL) laws in California have become an essential aspect of employment law, significantly impacting both employees and employers. The state’s legal framework is designed to provide robust protections for pregnant employees, ensuring they receive adequate leave and accommodations. Recent litigation trends highlight the ongoing challenges and complexities in this area of law, emphasizing the need for employers to stay informed and compliant with their legal duties. This comprehensive discussion delves into the intricacies of California’s PDL laws, recent litigation trends, and the crucial responsibilities of employers.

David P. Myers

Managing Partner

Adam N. Stern

Attorney

Ann Hendrix

Attorney

Robert Kitson

Attorney

Justin Crane

Attorney

Doug Smith

Attorney

Jason Hatcher

Attorney

Morgan J. Good

Attorney

Alvin Ferrara

Attorney

The Legal Framework

California’s Pregnancy Disability Leave laws are primarily governed by the California Fair Employment and Housing Act (FEHA). Under FEHA, pregnant employees are entitled to up to four months of job-protected leave per pregnancy if they are disabled by pregnancy, childbirth, or a related medical condition. This leave can be taken intermittently or continuously, depending on the employee’s needs and medical advice. FEHA also mandates reasonable accommodations for pregnant employees, which may include modified work duties, reassignment, or a modified work schedule. Additionally, the California Family Rights Act (CFRA) provides further protections, allowing eligible employees to take up to 12 weeks of leave for baby bonding, which can be taken after the PDL.

Trends in Litigation

Recent litigation trends in California reveal a growing number of cases related to PDL, with employees increasingly aware of their rights and willing to pursue legal action when they believe their rights have been violated. One significant trend is the rise in claims related to the denial of PDL. In these cases, employees allege that their employers have unlawfully denied their requests for leave or failed to provide the required accommodations. Such denials can lead to substantial legal repercussions for employers, including lawsuits, financial penalties, and reputational damage.

Another notable trend involves retaliation claims. Employees who take PDL or request accommodations may face adverse actions from their employers, such as demotion, reduced hours, or even termination. Retaliation claims often arise when employees believe that their employers have penalized them for exercising their rights under PDL laws. Courts in California have consistently ruled in favor of employees in such cases, reinforcing the importance of protecting employees from retaliation and ensuring that they can take leave without fear of negative consequences.

Discrimination claims are also prevalent in recent litigation. Pregnant employees may face discrimination in various forms, including being passed over for promotions, receiving negative performance reviews, or being subjected to hostile work environments. Such discrimination can occur both during and after pregnancy, with some employees experiencing continued mistreatment upon returning to work. Employers found guilty of discrimination can face significant legal liabilities, including damages for emotional distress, back pay, and punitive damages.

Employers’ Responsibilities 

One of the critical aspects of PDL litigation involves the issue of reasonable accommodations. Employers are required to provide reasonable accommodations to pregnant employees unless doing so would cause undue hardship. However, what constitutes a reasonable accommodation can be a contentious issue, leading to disputes between employees and employers. Recent cases have highlighted the need for employers to engage in an interactive process with employees to determine appropriate accommodations and to document these efforts thoroughly. Failure to provide reasonable accommodations or to engage in this process can result in legal actions against employers.

The interplay between PDL and other leave laws, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), adds another layer of complexity to this legal landscape. Employers must navigate these overlapping laws carefully to ensure compliance and avoid potential pitfalls. For example, while PDL provides up to four months of leave, FMLA offers up to 12 weeks of unpaid leave for eligible employees. Employers must ensure that employees receive the maximum benefits available under both laws without inadvertently violating any provisions.

Employers in California have specific duties and responsibilities under PDL laws to ensure compliance and protect the rights of pregnant employees. One of the primary responsibilities is to inform employees of their rights under PDL laws. Employers must provide written notices to employees, typically included in employee handbooks or separate written policies. These notices should outline the rights and protections available to pregnant employees, including the right to take up to four months of leave, request reasonable accommodations, and be protected from retaliation and discrimination.

Employers must also engage in a timely and interactive process with employees who request accommodations or leave. This process involves discussing the employee’s needs, evaluating possible accommodations, and determining whether the requested accommodations are reasonable. Employers should document all interactions and decisions made during this process to demonstrate compliance with legal requirements.

Related Videos

Maintaining accurate records is another crucial duty for employers. Employers should keep detailed records of leave requests, accommodation requests, and any actions taken in response. These records should include medical certifications, correspondence with the employee, and documentation of any accommodations provided. Accurate record-keeping can help employers defend against potential legal claims and demonstrate their commitment to complying with PDL laws.

Employers should also train their managers and supervisors on PDL laws and their responsibilities. Training programs should cover the rights of pregnant employees, the importance of providing reasonable accommodations, and the prohibition against retaliation and discrimination. Educating managers and supervisors can help prevent violations and ensure that they understand how to handle PDL-related issues appropriately.

To avoid potential legal pitfalls, employers should regularly review and update their PDL policies and practices. This review should include an assessment of current policies, procedures, and training programs to ensure they align with the latest legal requirements and court rulings. Employers should also consider seeking legal counsel to conduct periodic audits of their PDL practices and provide guidance on any necessary changes.

Creating a supportive and inclusive work environment for pregnant employees is not only a legal obligation but also a best practice that can enhance employee morale and productivity. Employers should foster a culture of respect and understanding, ensuring that pregnant employees feel valued and supported. This can include offering flexible work arrangements, providing access to maternity-related resources, and promoting a positive work-life balance.

Challenges Facing Pregnant Employees

Despite the robust legal protections in place, challenges remain for pregnant employees and employers alike. One ongoing challenge is the potential for misunderstandings and miscommunications regarding PDL rights and obligations. Employees may be unaware of their entitlements or unsure how to request accommodations, while employers may struggle to navigate the complex legal requirements. Clear communication, comprehensive training, and accessible resources can help bridge these gaps and ensure that both parties understand their rights and responsibilities.

Another challenge is the potential for conflicts between business needs and employee rights. Employers may face difficulties in balancing operational demands with the need to provide leave and accommodations for pregnant employees. While the law requires employers to accommodate pregnant employees, there may be instances where accommodations pose significant challenges for business operations. Employers must carefully evaluate each situation, considering both the employee’s needs and the potential impact on the business, and strive to find reasonable solutions that comply with legal requirements.

Fighting for a Fairer California

The Myers Law Group, APC, is dedicated to assisting employers navigate the complexities of California’s PDL laws. With a deep understanding of the legal landscape and a commitment to protecting the rights of both employers and employees, our team of attorneys provides comprehensive legal services tailored to meet the unique needs of each client. We offer guidance on compliance, assistance with policy development, and representation in litigation matters. Our goal is to help employers create positive and legally compliant workplaces, fostering a culture of respect and support for all employees.

Contact Us Today

The Myers Law Group, APC, is here to assist employers in meeting their legal obligations and fostering positive workplace cultures. Contact us today to learn how we can help you stay compliant and support your employees effectively.