Dive Brief:
- For the first time in more than a decade, California looks to update its regulations around leave, reasonable accommodations and temporary transfers for pregnant workers.
- The California Civil Rights Council on Monday proposed new regulations that, among other things, clarify that pregnancy protections apply to related medical conditions, such as post-partum depression, low milk supply or lower back pain, and that telework can be considered a reasonable accommodation.
- The proposal aims to incorporate changes to California law and “where appropriate” to align state law with the federal Pregnant Workers Fairness Act, which went into effect in 2024, per the council.
Dive Insight:
California tends to lead the way on employment regulations across the country, often having more extensive laws than other states.
“As the workplace continues to change, our state’s civil rights protections have to keep pace,” California Civil Rights Department Director Kevin Kish said in a statement. “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. These proposed updates will help ensure that California law not only meets but exceeds protections at the federal level.”
The proposal outlines that changes to the work environment or pausing of some essential functions can be considered reasonable accommodations; expands the healthcare providers who can determine an employee’s need for an accommodation to include nurses, doulas and psychiatrists; and removes the requirement that bonding leave must be taken in two-week increments.
Public comments on the proposed regulations can be submitted until 5 p.m. PT Dec. 8, and a public hearing will be held at 11 a.m. PT Dec. 8, the council said.
“The council’s proposed regulations update our state’s protections to ensure that pregnant workers have the important right to leave and accommodations that help them stay at work,” Civil Rights Council Councilmember Denny Chan said in a statement.
Keeping parents in the workforce can be a challenge, various studies have shown. For example, 34% of fathers and 33% of mothers in the U.S. are no longer in their positions — either voluntarily or involuntarily — six months after their parental leave ends, according to a recent analysis published by Lauren Thomas, an economist at payroll and HR platform Deel.