California employers could face expanded pregnancy-related accommodation and leave obligations under proposed regulations that would update rules that have not been revised in more than a decade.
The California Civil Rights Council announced the proposed rules, which are intended to strengthen and modernize protections for pregnant workers by reflecting changes in state law and aligning state protections with the federal Pregnant Workers Fairness Act and its regulations.
“These proposed regulations are an opportunity to ensure that California’s civil rights laws continue to protect pregnant workers and new parents, making our state a place where families can flourish,” said Civil Rights Council Chair Candice Cho.
The proposed regulations would:
- Expand the definition of pregnancy and related conditions to cover past, potential and intended pregnancy, infertility and fertility treatment.
- Cover additional pregnancy-related conditions, including postpartum anxiety and psychosis, miscarriage, stillbirth, abortion and lactation conditions.
- Expand reasonable accommodation to include options like remote work, worksite changes, pain-reducing modifications and temporary suspension of essential job functions.
- Require employers to respond to accommodation requests “as soon as practicable.”
- Define the interactive process as an informal, good-faith exchange focused on identifying needed workplace changes.
- Clarify that intermittent pregnancy disability leave may be used for childbirth and related medical conditions, not just pregnancy.
The proposal would also eliminate the general requirement that bonding leave be taken in two-week increments.
“Pregnant workers and new parents have the right to take time off and ask for changes at work to help them stay on the job,” said Kevin Kish, director of the California Civil Rights Department. “These proposed updates will help ensure that California law not only meets but exceeds protections at the federal level.”
The proposal is not final and does not change employers’ current obligations.
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