Posted on January 28th, 2019
Can you fire an employee who is pregnant or on pregnancy leave?
Here is the short answer:
If you want the longer answer please read the article below.
For a long time, pregnant women were often let go from their jobs immediately once it became known they were expecting.
Federal and state laws have changed dramatically over the last few decades, giving women more protection against unlawful termination and discrimination arising from pregnancy.
If you are an employer in California, you need to acquaint yourself with the relevant laws pertaining to pregnant employees.
If you are found to have acted in a way that is discriminatory, you might be liable for EEOC and other violations, in addition to making yourself vulnerable to civil lawsuits.
Here are seven important facts you need to know about CA pregnancy leave laws if you are an employer.
1. You are Prohibited from Discriminating Against Pregnant Employees
In California, if you employ five or more people, you must give your pregnant employees reasonable accommodation.
If your employee needs to be given less strenuous duties or more frequent breaks, you have the obligation to accommodate her needs.
You also have to give her time off from work. You must let her go see her doctor for regular check-ups and you cannot discipline her for that missed time.
You cannot fire, refuse to hire, harass, or otherwise discriminate against a pregnant person.
If someone in your office is pregnant, wait for them to come to you and talk to you about what they expect during and after their pregnancy.
2. Both State and Federal Employment Law Apply
As a California employer with over 15 employees, you are also governed by federal employment law, including the Civil Rights Act of 1964.
In 1978, this Act was amended to include the Pregnancy Discrimination Act.
This law covers maternity leave, health insurance, and fringe benefits.
The Pregnancy Discrimination Act prohibits discrimination due to pregnancy, childbirth, or medical conditions relating to pregnancy or childbirth.
The law applies to private and public employers including local, state and federal governments.
It is not required that you give employees paid maternity leave unless you give employees paid sick leave for other health issues.
Federal law makes it illegal for employees to refuse to hire pregnant women. You should never ask an applicant if they are pregnant or planning to become pregnant.
3. You Must Give Parents Time off After Having a Baby
Employees with at least 12 months of service are entitled to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement.
In California, pregnancy leave rights fall under the federal Family Medical Leave Act and state law, the California Family Rights Act.
You must follow California law if you employ at least 50 employees within a 75-mile radius of where the pregnant employee works, the employee has worked for you the employer 12 months or more, and the employee worked at least 1,250 hours last year.
The policy behind the long leave period is to encourage bonding between parent and child.
4. Your Insurance Plan Must Cover Pregnant Employees
Your insurance company is required by law to include provisions in your company policy that afford coverage to pregnant workers.
It must reimburse pregnancy expenses in the same way it covers other medical conditions.
Pregnancy cannot be treated differently from any other health conditions, and insurance companies may not deny coverage because of it.
However, insurance companies are not obligated to pay more for pregnancy-related conditions. The Pregnancy Act declares that they must pay only the amount comparable to other conditions.
5. Federal Law Allows Employees To Take Care of Family Members
The Family Medical Leave Act ensures that employees get up to 12 weeks of unpaid vacation time so that they can care for their child or a sick loved one. This law applies to companies with 50 employees or more.
You cannot fire an employee during that leave and you must allow them to return to their job once the period is over, if they wish.
In order to qualify for FMLA, the employee must log at least 1,250 hours at the place of employment over a 12-month period.
California employment law provides pregnancy leave for employees. It is unpaid and provides up to four months of coverage.
6. You Cannot Force a Pregnant Employee to Leave
You cannot force a pregnant employee to take a leave of absence, resign, or leave her job.
Employees are not required to tell the company that they are pregnant. However, you should make employees feel comfortable enough to tell you or HR about their condition. You want them to let you know about their plans to take to take FMLA, short-term disability, or paid maternity leave.
You as the employer cannot prevent workers from returning after the baby is born. Do not give unsolicited health advice or change their duties without their consent or request.
6. Be Careful Before Terminating a Pregnant Employee, Even For Cause
You are not prevented from firing an employee if you have just cause to do so.
But, you cannot fire someone simply because she is pregnant.
If a troublesome employee informs you she is pregnant, you must be careful that any action you take does not look like you are firing her because she is pregnant.
You need to show that your decision was based on a legal reason like poor performance. It is important that you have documentation that you told her what was expected, and she did not meet your expectations despite frequent training and coaching.
8. The ADA Also Applies to Pregnant Employees
Although pregnancy is not a disability, it can fall under the federal Americans with Disabilities Act.
You must offer the same protections to pregnant workers that you provide for disabled workers.
Talk to your attorney about how you can adjust the workload of your pregnant employees. You may need to ask for a doctor’s note from them specifying what they can and cannot do.
Federal and CA Pregnancy Leave Laws
If you employ people in the state of California, you must navigate a complex web of state and federal laws governing the rights of your employees.
If you do not follow these rules properly, you may be exposed to expensive and business- damaging liability.
On the other hand, if you are fair with your pregnant employees, and you are doing everything you can in good faith to
If you want to know more about CA pregnancy leave laws and other issues that affect your business, see more articles on our blog.
