Key Takeaways

  • California's FEHA prohibits pregnancy discrimination by all employers with five or more employees — a lower threshold than federal law.
  • The Pregnancy Disability Leave Law (PDL) provides up to four months of protected leave for pregnancy-related disability, separate from and in addition to CFRA leave.
  • CFRA provides up to 12 weeks of additional protected baby-bonding leave after the birth or placement of a child — for employers with five or more employees.
  • An employer cannot terminate, demote, or reduce pay because of pregnancy, childbirth, breastfeeding, or any related medical condition.
  • Failure to reasonably accommodate a pregnancy-related condition — or to engage in a good-faith interactive process — is independently actionable under FEHA.

California law provides some of the strongest workplace protections for pregnant employees and new parents in the country. Through the California Fair Employment and Housing Act, the Pregnancy Disability Leave Law, and the California Family Rights Act, employees in California enjoy protections that substantially exceed what federal law requires — including broader employer coverage, longer leave entitlements, and stronger remedies for violations. If you are pregnant, recently gave birth, or are returning from parental leave and have experienced adverse treatment at work, California law almost certainly gives you meaningful rights.

FEHA — Pregnancy Discrimination Is Illegal in California

The California Fair Employment and Housing Act (Government Code Section 12940 (full text)(Current as of 2026. Laws are subject to legislative change.)) prohibits employers with five or more employees from discriminating against employees on the basis of sex — which FEHA defines to include pregnancy, childbirth, breastfeeding, and any related medical condition. This threshold of five employees is significantly lower than the 15-employee threshold under the federal Pregnancy Discrimination Act, meaning California's protections extend to employees of very small businesses.

Prohibited conduct includes refusing to hire a pregnant applicant, terminating a pregnant employee, demoting or reducing pay because of pregnancy, assigning less desirable duties, denying promotion, and creating a hostile work environment based on pregnancy.

Pregnancy Disability Leave (PDL) — Up to Four Months of Protected Leave

Under Government Code Section 12945 (full text), California's Pregnancy Disability Leave Law requires employers with five or more employees to provide up to four months of protected unpaid leave for employees disabled by pregnancy, childbirth, or a related medical condition. PDL covers the period of actual disability — prenatal appointments, severe morning sickness, pregnancy complications, childbirth recovery, and postpartum conditions including postpartum depression.

During PDL, the employer must maintain the employee's health insurance benefits on the same terms as if the employee had continued to work. The employee is entitled to return to the same position or a comparable position upon the conclusion of leave.

CFRA Baby Bonding Leave — An Additional 12 Weeks

The California Family Rights Act (Government Code Section 12945.2 (full text)(Current as of 2026. Laws are subject to legislative change.)) provides up to 12 weeks of additional protected leave for baby bonding — caring for and bonding with a newborn, newly adopted, or newly placed foster child. Unlike PDL, CFRA baby-bonding leave is available to both parents, regardless of gender. CFRA applies to employers with five or more employees and is available after 12 months of employment with the employer.

PDL and CFRA can stack. In many situations, a birth parent may be entitled to up to four months of PDL for pregnancy disability followed by up to 12 weeks of CFRA baby-bonding leave — a combined protected leave period that can exceed six months. Employers sometimes incorrectly tell employees that their leave is limited to the federal FMLA maximum of 12 weeks. California law provides substantially greater protections.

Reasonable Accommodation for Pregnancy-Related Conditions

Beyond leave rights, FEHA requires employers to provide reasonable accommodations for pregnancy-related conditions when the employee requests it and the accommodation does not create an undue hardship. Accommodations may include modified work duties, a temporary transfer to a less physically demanding position, additional rest breaks, remote work arrangements, or a modified schedule. The employer must engage in a timely, good-faith interactive process to explore available accommodations — refusing to accommodate or refusing to engage in the interactive process is independently actionable.

Breastfeeding Accommodations

Under Labor Code Section 1030, California employers must provide a reasonable amount of time for an employee to express breast milk and a private location other than a bathroom for doing so. FEHA also prohibits discrimination based on breastfeeding and related medical conditions.

How to Protect Your Rights During Pregnancy and Parental Leave in California

  1. 1. Provide written notice of your pregnancy and leave needsNotify your employer in writing of your pregnancy and anticipated leave dates. This creates a record and triggers the employer's obligations under PDL and CFRA.
  2. 2. Request any needed accommodations in writingIf your healthcare provider recommends accommodations — modified duties, schedule adjustments, additional breaks — submit the request in writing and keep a copy.
  3. 3. Document any adverse treatmentNote any changes in treatment, performance reviews, or employment decisions that follow your pregnancy disclosure or leave request.
  4. 4. Take all leave you are entitled toDo not allow your employer to pressure you to return to work before your leave is complete. Your position is protected during PDL and CFRA leave.
  5. 5. File a CRD complaint if you are terminated or demotedIf you are terminated, demoted, or retaliated against for taking pregnancy leave, file a complaint with the California Civil Rights Department within three years.

Frequently Asked Questions

Quick answers — see detailed FAQs below.

Is pregnancy discrimination illegal in California?

Yes. California's FEHA prohibits employers with five or more employees from discriminating against employees based on pregnancy, childbirth, breastfeeding, or any related medical condition. Protections are broader than federal law.

How much maternity leave am I entitled to in California?

Up to four months of Pregnancy Disability Leave (PDL) for pregnancy-related disability, plus up to 12 weeks of CFRA baby-bonding leave — potentially more than six months of combined protected leave for eligible employees.

Detailed FAQs

Can my employer fire me while I am pregnant or on maternity leave?

No. FEHA prohibits adverse employment actions based on pregnancy, and both PDL and CFRA protect employees from termination during authorized leave. An employer who terminates a pregnant employee or an employee on pregnancy leave without a legitimate, non-discriminatory reason faces significant legal exposure. Courts and juries are appropriately skeptical of termination decisions made during or shortly after pregnancy leave.

What is the difference between PDL and CFRA leave?

Pregnancy Disability Leave (PDL) provides up to four months of protected leave for an actual pregnancy-related disability — conditions that prevent the employee from performing job duties, including prenatal care, severe morning sickness, childbirth, and postpartum recovery. CFRA leave provides up to 12 weeks of protected leave for baby bonding after the birth, adoption, or foster placement of a child. PDL and CFRA leave run concurrently only in limited circumstances — in many cases an employee can take both, sequentially, for a combined protected leave period that can exceed six months.

My employer reduced my hours after I told them I was pregnant. Is that discrimination?

Yes. Reducing an employee's hours, pay, or responsibilities because of pregnancy is a form of pregnancy discrimination prohibited by FEHA. An adverse employment action does not need to be a termination — any materially adverse change in the terms or conditions of employment motivated by pregnancy is actionable.

Am I entitled to a reasonable accommodation for my pregnancy?

Yes. Under FEHA, employers with five or more employees must provide reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions — including temporary transfer to a less strenuous position, modified duties, additional breaks, or a leave of absence. The employer must engage in a timely, good-faith interactive process to determine an appropriate accommodation. Refusing to accommodate or refusing to engage in the interactive process is independently actionable.

What is the statute of limitations for a pregnancy discrimination claim in California?

Under FEHA, you must file a complaint with the California Civil Rights Department within three years of the discriminatory act. For federal claims under the Pregnancy Discrimination Act (PDA) or Title VII, the EEOC deadline is 300 days. Because California's deadline is longer and remedies are generally stronger, most California pregnancy discrimination claims are best pursued under FEHA rather than federal law.

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Facing Pregnancy Discrimination or Leave Retaliation?

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Attorney Advertising Disclaimer

ATTORNEY ADVERTISING: This blog is maintained by Todd Eagan of Eagan Law Corporation for informational purposes only and is not legal advice. Eagan Law Corporation is located in Santa Monica, Los Angeles County, California. Reviewing this blog or contacting the firm does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. This post provides general information about California employment law and is not intended as legal advice for your specific situation.

California employment discrimination, harassment, and retaliation claims under the Fair Employment and Housing Act (FEHA) are generally subject to a three-year statute of limitations to file a complaint with the California Civil Rights Department (CRD) under Government Code Section 12960. Federal claims under Title VII of the Civil Rights Act are subject to a 300-day deadline to file a charge with the EEOC. Deadlines vary depending on the nature of the claim and whether you pursue state or federal remedies. Failure to file within the applicable deadline may result in the permanent loss of your right to pursue a claim.

Consult an employment attorney as soon as possible after any adverse employment action. Do not wait to see if the situation resolves on its own — deadlines begin running from the date of the discriminatory or retaliatory act.