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Being fired for being pregnant is illegal in California, but many employees are not sure where the line is. A sudden write-up, a layoff or a cut in hours after a pregnancy announcement can make you wonder what your employer is allowed to do. Below, we explain what California law protects, when an employer can still end your job, and what to consider if it already happened.
Can you be fired for being pregnant in California?
No. California’s Fair Employment and Housing Act makes it unlawful for an employer with five or more employees to fire you because of pregnancy, childbirth or a related medical condition. An employer can still end your job for reasons unrelated to the pregnancy, such as a layoff for legitimate business reasons.
Key Takeaways
- Firing an employee because of pregnancy is sex discrimination under Government Code section 12926(r) and section 12940(a).
- An employee disabled by pregnancy can take up to four months of pregnancy disability leave and then return to work (Gov. Code 12945(a)(1)).
- These pregnancy rights have no minimum hours or length-of-service requirement (2 CCR 11037).
- After pregnancy disability leave, the employer must return you to the same position unless it proves a legitimate business reason unrelated to the leave (2 CCR 11043).
- Deadlines are short: many FEHA claims must begin with the California Civil Rights Department within three years of the last harm.
Is This Your Situation?
- Write-ups or criticism started soon after you told your employer you were pregnant.
- Your hours, shifts or duties were cut after the announcement.
- Your employer refused a change your doctor recommended, or told you to start leave early.
- You were let go late in your pregnancy, during pregnancy disability leave, or right after it.
- A manager made comments about your pregnancy, your leave or whether you would be “reliable.”
Why Being Fired for Being Pregnant Is Illegal in California
Yes, it is illegal to fire a pregnant woman, or any employee, because of pregnancy. California treats pregnancy discrimination in the workplace as sex discrimination. The Fair Employment and Housing Act (FEHA) makes it unlawful for an employer, because of sex, “to bar or to discharge” a person from employment. It also bars discrimination in pay or in the terms, conditions or privileges of employment (Gov. Code 12940(a)). FEHA defines “sex” to include pregnancy, childbirth, breastfeeding and related medical conditions (Gov. Code 12926(r)). These rules cover employers that regularly employ five or more people (Gov. Code 12926(d)). Federal law has made it illegal to fire a woman for being pregnant since 1978, when Congress passed the Pregnancy Discrimination Act of 1978, which amended Title VII to cover pregnancy. California law adds broader protections and covers smaller employers.
California’s pregnancy statute adds specific rights on top of the ban on discrimination. Under Government Code section 12945, an employer may not:
- Refuse to let an employee disabled by pregnancy, childbirth or a related condition take leave of up to four months and then return to work.
- Refuse to provide reasonable accommodation for a condition related to pregnancy.
- Turn down a pregnant employee’s temporary transfer to a less strenuous or hazardous position when the conditions in the statute are met.
- Interfere with, restrain or deny the exercise of these rights.
You do not have to earn these rights. California’s regulations state that there is no eligibility requirement, “such as minimum hours worked or length of service,” for pregnancy accommodation, transfer or pregnancy disability leave (2 CCR 11037). The rules protect a new hire the same way as a long-time employee.
Can a Job Still Fire You While You Are Pregnant?
Yes, in some situations. A pregnant woman can still be fired in California, but an employee cannot lawfully be fired for being pregnant. It does not make a pregnant employee immune from every termination, and some grounds remain lawful even when your company knows you are pregnant. Our article on at-will employment explains the general rule, and the table below shows how the pregnancy rules change it.
| Situation | How California law generally treats it |
|---|---|
| Fired soon after announcing a pregnancy, with no clear reason | May be unlawful if the pregnancy was the reason (Gov. Code 12940(a)) |
| Fired for taking pregnancy disability leave your health care provider supported | May be unlawful interference with leave rights (Gov. Code 12945(a)(4)) |
| Denied a pregnancy accommodation, then fired for not keeping up | May be unlawful (Gov. Code 12945(a)(3)(A)) |
| Laid off during leave as part of a layoff for legitimate business reasons unrelated to the leave | Generally lawful; the right to reinstatement ends at the layoff (2 CCR 11043(c)(3)) |
| Job eliminated while on leave, such as in a plant closure | The employer must prove legitimate business reasons unrelated to the leave (2 CCR 11043(c)(1)) |
| Fired for misconduct or performance rules applied the same way to coworkers | Generally not pregnancy discrimination, unless the stated reason is not the real one |
The last row is where many disputes start. Employers rarely say pregnancy was the reason, so the question becomes whether the stated reason holds up. An employment attorney can evaluate the specific facts. The same question comes up when an employee is fired for medical reasons.
Can You Be Fired for Calling in Sick or Missing Work for Appointments While Pregnant?
Generally not, when the absence is pregnancy-related and your health care provider supports it. Pregnancy disability leave can be taken intermittently or on a reduced work schedule when an employee is disabled because of pregnancy (2 CCR 11042(a)(4)). The regulations list severe morning sickness and time off for prenatal care as examples of being disabled by pregnancy (2 CCR 11035(f)). The four months of leave apply per pregnancy, not per year (2 CCR 11042(a)(1)).
Federal law points the same way. The EEOC lists “leave for health care appointments” as a possible accommodation under the Pregnant Workers Fairness Act, and the Department of Labor says the FMLA covers leave for prenatal care for eligible employees. Absences unrelated to the pregnancy follow the normal attendance rules, including California’s paid sick leave law.
Can Your Employer Punish You for Asking for an Accommodation or Leave?
No. California makes it unlawful for an employer to interfere with, restrain or deny the exercise of pregnancy leave and accommodation rights (Gov. Code 12945(a)(4)). FEHA separately bars discharge or other discrimination against a person who has opposed practices the law forbids (Gov. Code 12940(h)). Under federal law, covered employers may not “punish or retaliate against an employee or applicant for requesting or using a reasonable accommodation” (EEOC).
Retaliation often looks like a schedule change, a sudden poor review or exclusion from projects after a request. Our article on retaliation for taking leave covers how these cases are evaluated.
Is Pregnancy a Disability in California?
California does not need to treat pregnancy as a disability to protect it. FEHA already covers pregnancy as part of “sex” (Gov. Code 12926(r)). The pregnancy disability leave rules then use their own test. You are “disabled by pregnancy” when, in your health care provider’s opinion, pregnancy prevents you from performing one or more essential job functions or makes doing them unsafe (2 CCR 11035(f)). The regulation lists examples such as severe morning sickness and time off for prenatal care.
Federal law adds a separate duty. Under the Pregnant Workers Fairness Act, employers with 15 or more employees must provide reasonable accommodation for known pregnancy-related limitations unless it would cause undue hardship (EEOC). Our article on reasonable accommodation in California explains how the interactive process works when a health condition affects your job.
Which Laws Protect You, and Does Employer Size Matter?
Employer size decides which laws apply. Most California pregnancy protections start at five employees, while the federal laws start at 15.
| Law | What it covers | Employer size |
|---|---|---|
| FEHA (Gov. Code 12940) | Firing, demotion, pay and other discrimination because of pregnancy | 5 or more employees (Gov. Code 12926(d)) |
| Pregnancy disability leave (Gov. Code 12945) | Up to four months of leave when disabled by pregnancy, plus accommodation and transfer | 5 or more full- or part-time employees (2 CCR 11035(h)) |
| CFRA (Gov. Code 12945.2) | Up to 12 weeks of job-protected bonding leave, with service and hours requirements | 5 or more employees |
| Title VII and the Pregnant Workers Fairness Act | Federal discrimination and accommodation rules | 15 or more employees (EEOC) |
CFRA bonding leave is separate from pregnancy disability leave and can follow it. Once you take CFRA leave after pregnancy disability leave, CFRA governs your right to return to your job (2 CCR 11043(e)). Our comparison of CFRA and FMLA covers the service and hours rules, and our article on paternity leave explains how both parents can take bonding leave.
When Should You Tell Your Employer You Are Pregnant?
California’s pregnancy regulations tie the notice rules to when you need leave, a transfer or an accommodation. Under 2 CCR 11050(a):
- Oral or written notice is enough if it makes your employer aware that you need the leave, transfer or accommodation.
- Where practicable, the notice should include the expected timing and length of the leave.
- When the need is foreseeable, the employer can require at least 30 days of advance notice.
- When 30 days is not practicable, notice is due as soon as practicable, and the employer cannot deny leave or accommodation for lack of advance notice.
Many employees tell their manager or HR once they need a schedule change, time off for appointments or a lighter workload. Consider giving notice in writing, such as an email. A written notice shows the date your employer learned about the pregnancy, which can matter if a dispute arises later.
What Evidence Can Point to Pregnancy Discrimination?
Direct admissions are rare. Pregnancy discrimination is usually shown through a pattern of facts, such as:
- Discipline or termination came soon after the announcement or a leave request.
- The employer gave one reason at the time and a different one later.
- Coworkers who were not pregnant kept their jobs after similar issues, or went through warning steps you did not get.
- Someone made remarks about pregnancy, maternity leave or whether you would come back.
- An accommodation or leave request was refused shortly before the termination.
No single fact decides a case. Our article on how to prove pregnancy discrimination explains how these facts work together.
What to Consider If You Were Fired While Pregnant
- Consider writing down a timeline. Note when you told your employer, what you asked for, when discipline started and who said what. Dates are often central in these cases.
- Consider keeping copies of documents you are lawfully entitled to keep. Pay stubs, schedules and your own messages about leave or accommodation requests can help show the sequence of events.
- Consider reviewing any severance offer before signing. A severance agreement often includes a release of legal claims.
- Consider keeping your communications factual and in writing. Short, accurate emails about requests and events are easier to rely on later than heated conversations.
- Consider which state benefits may apply. Disability Insurance can cover time a health care provider certifies you cannot work, and Paid Family Leave can cover bonding time after the birth.
Can You Sue for Being Fired While Pregnant?
Yes, if the facts support a claim. If you believe you were fired for being pregnant, a FEHA lawsuit generally follows a complaint to the California Civil Rights Department and a right-to-sue notice, which states that the employee “may bring a civil action” against the employer (Gov. Code 12965(c)(1)(D)). Whether a claim is strong depends on the evidence, the employer’s stated reason and the timeline.
Our pregnancy discrimination lawyers represent employees across California. If you work in Los Angeles, our Los Angeles pregnancy discrimination lawyer page covers local details.
How Long Do I Have to File a Pregnancy Discrimination Claim?
Different employment claims can have different filing deadlines. For many California discrimination claims under FEHA, an employee generally has three years from the date they were last harmed to begin the filing process with the Civil Rights Department. Once the department issues a right-to-sue notice, a lawsuit generally must be filed within one year of that notice (Gov. Code 12965(c)(1)(D)). An early notice can shorten the time you have. That three-year period does not apply to every claim, so do not assume one deadline fits your case. An employment attorney can evaluate which deadlines apply to your situation.
Frequently Asked Questions About Being Fired for Being Pregnant
Can my employer lay me off while I am on pregnancy disability leave?
Possibly. If the layoff happens for legitimate business reasons unrelated to your leave, your right to reinstatement ends at the time of the layoff (2 CCR 11043(c)(3)). The employer carries the burden of proving that defense.
Can I be fired after I come back from pregnancy leave?
Not because of the pregnancy or the leave. The regulation guarantees a return to the same position, and the employer must put that guarantee in writing if you ask (2 CCR 11043(a)). After you return, a termination tied to the pregnancy or the leave is still unlawful (Gov. Code 12940(a) and 12945(a)(4)).
Does my employer keep paying my health insurance during pregnancy disability leave?
Usually, yes, for an eligible employee. Government Code section 12945(a)(2)(A) makes it unlawful to refuse to maintain and pay for coverage for an eligible employee who takes pregnancy disability leave (Gov. Code 12945).
Can my employer make me start leave early?
Generally, no, under federal law. Covered employers must not “require an employee to take leave if another reasonable accommodation can be provided” (EEOC). That law covers employers with 15 or more employees.
Are breastfeeding and lactation protected too?
Yes. FEHA’s definition of sex includes breastfeeding and related medical conditions (Gov. Code 12926(r)(1)(C)). The pregnancy regulations also list lactation as a condition related to pregnancy (2 CCR 11035(d)). Under the federal PUMP Act, most employers must provide reasonable break time and a private space, other than a bathroom, to pump for one year after birth (Department of Labor).
How long does state disability pay last for pregnancy?
Usually about four weeks before the due date and six to eight weeks after the birth. The EDD says a normal delivery is about six weeks and a C-section about eight, and a provider can extend the claim for complications (EDD). Disability Insurance pays benefits but does not protect your job.
Can I collect unemployment and pregnancy disability at the same time?
No. The EDD says you cannot receive Disability Insurance or Paid Family Leave at the same time as Unemployment Insurance (EDD). If you are receiving unemployment, the EDD says to stop certifying and notify the unemployment program before applying for Disability Insurance.
Can an employer refuse to hire you because you are pregnant?
No. FEHA makes it unlawful for an employer, because of sex, “to refuse to hire or employ the person” (Gov. Code 12940(a)), and sex includes pregnancy (Gov. Code 12926(r)). This applies to employers with five or more employees.
Who pays attorney’s fees in a pregnancy discrimination case?
It depends on the outcome. In a FEHA case, the court may award reasonable attorney’s fees and costs to the prevailing party (Gov. Code 12965(c)(6)). A winning employer can recover fees only if the court finds the case was frivolous, unreasonable or groundless.
When to Talk to an Employment Lawyer About Being Fired While Pregnant
Some situations call for advice early. You may have been fired, demoted or had your hours cut after announcing a pregnancy. You may have been denied leave or an accommodation your provider supported, or not returned to your job after leave. In these situations, consider speaking with a California employment lawyer. If you are thinking about resigning because of how you are being treated, consider speaking with an employment lawyer before resigning. A lawyer can review your timeline, identify which laws and deadlines apply, and explain your options. Early advice helps protect deadlines.
At Abramson Labor Group, we represent California employees facing pregnancy discrimination. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.