The physical and mental health changes that often occur during pregnancy can make working more challenging for some women — but that doesn’t erase their right to work if they want to do so, even if they need certain accommodations.
California employers with five or more employees are required by law to make reasonable accommodations for pregnant employees where needed, so long as it does not severely disadvantage the company. Employers can sometimes refuse to grant an accommodation if it causes undue hardship, but the burden of proving the hardship falls on them.
Not every woman will need the same things.
It is important that pregnancy-related accommodations be looked at on an individual basis, as each expectant mother may require slightly different accommodations. Here are some examples of accommodations that are commonly requested during pregnancy:
- The ability to sit instead of stand: Pregnancy can cause hypertension, severe low back pain, swollen ankles and feet and an aching belly, among other things. If a pregnant employee can do her job while sitting, that’s usually a simple accommodation.
- A reduction in hours or location: In some cases, a pregnant employee may need to reduce their working hours, perhaps from full-time work to part-time until after the child is born. Others may request a transfer to a different location or permission to do remote work to accommodate a difficult or high-risk pregnancy.
- A modification of tasks: It may be necessary for a pregnant employee to avoid heavy lifting, kneeling, bending and similar tasks, especially in the later part of the pregnancy.
In many cases, a combination of adjustments may be needed. They may also change as the pregnancy progresses.
Standard protections under California law
California law does specify certain things that apply to most pregnant employees — such as up to four months of pregnancy disability leave and a private place to express breast milk along with adequate breaks to allow them to do so.
The pregnant employee will usually best understand what she needs, so opening a discussion with the employer allows them to find out how they can support her continuing in the workplace in a way that does not cause the company undue hardship.
Nevertheless, some employers may not be willing to make the accommodations required of them. This can happen even in “family-friendly” workplaces. Any woman struggling to get the pregnancy accommodations she needs may want to learn more about her rights and what her options are.
