Unanyan Law
Practice Area

Pregnancy & CFRA/FMLA Violations

Pregnancy discrimination, pregnancy disability leave, bonding leave, and retaliation for taking protected family or medical leave.

Overview

California employees are entitled to important legal protections relating to pregnancy, childbirth, pregnancy-related medical conditions, and protected family and medical leave. Employers may not discriminate against employees because they are pregnant, require medical leave, request accommodations, or exercise their rights under the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), or California pregnancy disability laws.

Section 01

Pregnancy Discrimination

California law prohibits employers from discriminating against employees because of pregnancy, childbirth, breastfeeding, pregnancy-related medical conditions, fertility treatments, or related medical needs. Pregnancy discrimination may occur when employers terminate employees after learning of a pregnancy, reduce hours or responsibilities, refuse accommodations, make negative comments regarding pregnancy or motherhood, exclude employees from opportunities, pressure them not to take leave, or treat pregnant employees as unreliable or incapable.

Section 02

Pregnancy Disability Leave (PDL)

California employees affected by pregnancy-related medical conditions may be entitled to Pregnancy Disability Leave (PDL) when disabled by pregnancy, childbirth, or related medical conditions — including severe morning sickness, pregnancy complications, doctor-ordered bed rest, gestational diabetes, high blood pressure, recovery from childbirth, postpartum conditions, or other pregnancy-related limitations. Eligible employees may also be entitled to reasonable accommodations such as modified duties, additional breaks, schedule modifications, or temporary transfers during pregnancy.

Section 03

CFRA & FMLA Leave Rights

CFRA and FMLA provide eligible employees with protected leave for bonding with a new child, recovery from serious health conditions, caring for qualifying family members, medical treatment or recovery, or certain qualifying family-related needs. Employers may not wrongfully deny leave, discourage employees from taking leave, fail to properly designate protected leave, refuse to reinstate eligible employees after leave, or use protected leave against employees in disciplinary or termination decisions.

Section 04

Pregnancy Accommodations

California employers are generally required to provide reasonable accommodations for pregnancy-related conditions when medically necessary — including modified schedules, additional breaks, seating accommodations, modified lifting restrictions, temporary job modifications, leave of absence, or other medically necessary adjustments. Employers must also engage in a good-faith interactive process regarding pregnancy-related accommodations and medical restrictions.

Signs you may have a claim

What this looks like in real workplaces.

  • Terminated or demoted after announcing pregnancy
  • Denied pregnancy disability leave or accommodations
  • Fired during or shortly after returning from CFRA/FMLA leave
  • Pressured to return to work early
  • Not reinstated to your position after leave
  • Negative comments about pregnancy, motherhood, or leave
  • Refused bonding leave after childbirth
Applicable Law

The statutes we use to fight back.

California Pregnancy Disability Leave (PDL)
Up to 4 months of leave for pregnancy-related disability, separate from and in addition to CFRA.
California Family Rights Act (CFRA)
Up to 12 weeks of job-protected leave for family and medical reasons, including baby bonding. Covers employers with 5+ employees.
Federal FMLA
Federal counterpart that often runs concurrently with CFRA but has some differences.
What you may recover

Damages we pursue.

  • Lost wages and benefits
  • Front pay or reinstatement
  • Emotional distress damages
  • Attorney's fees and costs
  • Punitive damages where warranted
Frequently Asked

Questions about pregnancy & cfra/fmla violations.

Can I take PDL and CFRA back-to-back?

Yes. PDL covers the period of pregnancy-related disability; CFRA can then be used for baby bonding. Combined, this can total over seven months of protected leave in many cases.

Does my employer have to hold my job?

Generally yes. CFRA and FMLA both require reinstatement to the same or comparable position with limited exceptions. PDL likewise requires reinstatement after pregnancy disability leave.

What if I was fired during my leave?

Termination during protected leave is heavily scrutinized. Employers must prove the firing would have happened regardless of the leave — a hard burden in most cases.

Free consultation

Talk to us about your situation.

Every case is different. The only way to know what yours is worth is to talk to a lawyer who handles these matters every day.

  • Free consultation
    No-obligation, no pressure conversation
  • No fee unless we win
    Contingency fee — you pay nothing up front
  • Discreet & private
    We treat every consultation with care and discretion