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California

Pregnancy, birth and the first year in California, in 14 topics: from who runs maternal and child health to what happens at your newborn's screening.

Working While Pregnant and After Birth

In California, several laws and programs support pregnant workers and new parents during pregnancy and after birth:

The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced a pregnancy loss. That means:
Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
Your employer can’t treat you differently from other workers just because you are pregnant or have experienced pregnancy loss.

The California Fair Employment and Housing Act (FEHA) also bans pregnancy discrimination and generally covers workplaces with 5 or more employees. However, it is illegal for an employer of any size to harass you based on pregnancy, childbirth, or related medical conditions. .

Workplace Accommodations
If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy, without losing your job.
Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations,” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation.
Under California’s pregnancy accommodations law, if you work for an employer with 5 or more employees, you are entitled to a “reasonable accommodation” because of your pregnancy, childbirth, or related medical condition. This means: Your boss can’t just fire you if you ask for a bigger uniform, a stool to sit on, or light duty while you are pregnant—they have to give you what you need to stay healthy at work.
You must ask for the advice based on the advice of your healthcare provider.
An example of an accommodation explicitly covered by the law includes temporary transfers to a less strenuous or hazardous position.
For more information, see here and here

Under California law, if your workplace has 5 or more employees, your employer has to let you take time off (usually up to 4 months) if your doctor recommends that you leave work because you are disabled by pregnancy, childbirth, or a related medical condition. This is often called pregnancy disability leave (PDL)
Your employer has to let you keep your health insurance during this leave, and return you to your job afterwards. For more information, see here

Taking Time Off Work

Disability Insurance (DI): This program provides wage replacement benefits to eligible workers who are unable to work due to pregnancy-related disabilities, recovery from childbirth, or other medical conditions. Pregnant workers can file for DI when their licensed health professional certifies that they are unable to work due to their pregnancy or recovery from delivery. Benefits can be received for up to 52 weeks, depending on the individual's situation.

Paid Family Leave (PFL): This program allows eligible employees to take time off work to bond with a new child (through birth, adoption, or foster care) or to care for a seriously ill family member. New mothers can transition from DI to PFL after their final DI payment to bond with their baby. Eligible individuals can receive benefits for up to eight weeks.
For more info: here

Family and Medical Leave Act (FMLA): This federal law provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including pregnancy and childbirth. It ensures that employees can take time off without fear of losing their job.

California Family Rights Act (CFRA): Similar to the FMLA, the CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for family and medical reasons, including bonding with a new child. This law applies to employers with 5 or more employees.

Paid Parental Leave Ordinance (San Francisco): For employees in San Francisco, this ordinance requires employers to provide supplemental compensation to employees receiving PFL benefits, ensuring that the total compensation equals 100% of their gross weekly wage during the leave period.

Nursing Rights
Under California law, your employer must give you reasonable break time to express breast milk. They must also provide a private place near your work area, other than a toilet stall, for you to pump. Under California law, the lactation space must also meet certain very specific requirements. If your employer has fewer than 50 employees and can demonstrate that providing you with break time or space would be really difficult or expensive for them, they may not have to provide break time but must still make reasonable efforts to provide you with a lactation space as undue hardship is rare.
California’s pregnancy accommodations law may also help if you need a reasonable accommodation to express breast milk at work.

Rights for breastfeeding workers are strong in California, but national laws may also protect you (for example, if you work outside California):
The nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work. Learn more about your rights under the PUMP Act here
The Pregnant Workers Fairness Act can help you if you need reasonable accommodations for lactation-related needs, such as break time and private space to express breastmilk, a change in uniform if it’s affecting your ability to pump, or avoiding toxins that may be harmful for lactating parents.
Under a California law that covers employers with 5 or more employees, it is illegal for your boss to punish or discriminate against you because you are lactating. Retaliation based on your need to pump or because you asked for pumping accommodations is illegal under the federal PUMP Act and Pregnancy Discrimination Act (the latter covers employers in the U.S. with 15 or more employees).
Under California law, you have the right to breastfeed your child in any public or private location, other than someone else’s private home.

These programs and laws work together to provide financial support and job protection for pregnant workers and new parents in California, helping them navigate the challenges of pregnancy and early parenthood.

Looking for an organization near you in California?

Hospitals, birth centers, doulas, WIC clinics, milk banks and more are listed by county. Enter a ZIP code or city to see yours.