California Proposes Updated Pregnancy Leave Rules | Your Rights
- Tom Feher, Esq.
The California Civil Rights Council announced on October 19 that it has released proposed regulations to update protections for pregnant workers, covering pregnancy leave, reasonable accommodations, and temporary transfers. The Council, which works with the Civil Rights Department (CRD), said the rules have not been updated in more than a decade. The proposal is not law yet, and the announcement did not state an effective date.
According to the announcement, the proposal would clarify that pregnancy protections extend to related medical conditions such as postpartum depression, low milk supply, and lower back pain; add accommodation examples such as telework, changes to the work environment, and pausing some essential functions; broaden the list of health care providers who can support an accommodation, such as nurses, doulas, and psychiatrists; remove the requirement that bonding leave be taken in two-week increments; incorporate recent changes to California law; and align state rules with the federal Pregnant Workers Fairness Act and its regulations where appropriate. Written comments are due by 5:00 p.m. Pacific time on December 8, 2026, to council@calcivilrights.ca.gov, and a public hearing is set for 11:00 a.m. that day. The full propuesta de reglamentación has the proposed text.
Feher Law handles California employment cases, including pregnancy discrimination and leave claims.
Tom’s Opinion
“Proposed regulations are not law yet, but they show you where the Civil Rights Department is headed, and for workers the headline is accommodation. Most pregnant employees I talk to never asked for one, either because they assumed it would cost them the job or because nobody told them they could. Whatever the final text says, the habit that protects you is the same: ask in writing, tie the request to your provider’s advice, and keep a copy. A request on paper is evidence. A hallway conversation is a he-said, she-said.”
Thomas Feher, Esq. • Abogado fundador de Feher Law APC • Más de 50 juicios con jurado hasta el veredicto • Más de 170 millones de dólares recuperados
Lo que dice la ley de California
baja por discapacidad relacionada con el embarazo
En Código de Gobierno 12945, it is an unlawful employment practice for an employer to refuse to let an employee who is disabled by pregnancy, childbirth, or a related medical condition take a leave for a reasonable period of time, not to exceed four months, and then return to work. The employee may use accrued vacation during the leave, and the employer must maintain and pay for group health coverage during the leave, up to four months over a 12-month period, at the level it would have provided had the employee kept working.
Reasonable accommodation and transfers
The same section makes it unlawful to refuse a reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition when the employee asks, with the advice of the employee’s health care provider. An employer must also transfer a pregnant employee temporarily to a less strenuous or hazardous position for the duration of the pregnancy if the employee asks, with the advice of her physician, where the transfer can be reasonably accommodated. An employer is not required to create a job it would not otherwise have created, discharge another employee, or transfer an employee with more seniority.
Bonding leave under CFRA
The California Family Rights Act, Código de Gobierno 12945.2, lets an eligible employee take up to 12 workweeks in a 12-month period for family care and medical leave, including bonding with a new child, with a guarantee of the same or a comparable job afterward. An employee generally qualifies after more than 12 months of service and at least 1,250 hours in the previous 12 months, and the law covers employers with five or more employees.
Discrimination, retaliation, and deadlines
Código de Gobierno 12940 prohibits employment discrimination because of sex, medical condition, and other protected characteristics, and Government Code 12945 says its leave and accommodation rules apply in addition to the provisions on pregnancy, childbirth, and related medical conditions in Sections 12926 and 12940. A complaint with the CRD generally must be filed within three years of the unlawful practice under Código de Gobierno 12960. For what these claims can be worth, see our guide to the average pregnancy discrimination settlement in California.
Si esto te sucedió a ti o a un ser querido
If you are pregnant, recovering from childbirth, or planning leave, these steps protect your rights today, whatever the final rules say:
- Ask for accommodations or leave in writing. Describe the limitation and what you need, and keep a copy.
- Get your provider’s note. The law ties accommodations and transfers to the advice of your health care provider.
- Track every date. Note when you asked, who you asked, what they said, and any change in your hours, duties, reviews, or pay afterward.
- Do not resign without advice. Leaving can change your rights, and a firing right after a request is a warning sign.
- Presta atención a los plazos de entrega. A CRD complaint generally must be filed within three years, and other claims have their own time limits.
- Consider commenting. Written comments on the proposal are due December 8, 2026.
Nuestros Los Angeles workplace discrimination lawyers can review your situation at no cost. You pay nothing unless we win.
Preguntas frecuentes
Under Government Code 12945, an employee disabled by pregnancy, childbirth, or a related medical condition can take leave for a reasonable period, not to exceed four months, and then return to work. The leave covers the period of disability, and group health coverage must continue during it.
Government Code 12945 makes it unlawful to refuse a reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition when you ask with the advice of your health care provider. A request in writing, with a provider's note, gives you the clearest record.
No. The Civil Rights Council released them as a proposal on October 19, 2026, and the announcement gave no effective date. Public comments are due December 8, 2026, so the final rules may change. Current law continues to apply in the meantime.
The Council said written comments are due by 5:00 p.m. Pacific time on December 8, 2026, by email to council@calcivilrights.ca.gov, and a public hearing is set for 11:00 a.m. that day. The announcement did not state the hearing location, so check the notice of proposed rulemaking.
The California Family Rights Act lets eligible employees take up to 12 workweeks in a 12-month period for family care and medical leave, including bonding with a new child. Employees generally need more than 12 months of service and 1,250 hours, and the employer must have five or more employees.
Feher Law handles employment cases on contingency, so there is no upfront cost, and the consultation is free and confidential. The firm is paid a percentage only if there is a recovery. You pay nothing unless we win.
Last reviewed by Thomas Feher, Esq., October 2026
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