What should an employer do when an employee discloses pregnancy?

On Behalf of | Jan 30, 2025 | Employment Law

When an employee informs their employer that they are pregnant, they need to take certain actions to ensure they reasonably accommodate the employee. A few adjustments can help the employee continue to perform their duties safely and effectively.

Here is what they need to do:

Have an open dialogue about reasonable accommodations

Upon learning about an employee’s pregnancy, an employer should discuss appropriate reasonable accommodations with the employee. 

Does the employee need their work duties to be temporarily modified? Should their work hours be adjusted? Do they need a stool or chair? Do they want to take frequent breaks? Should they be transferred to a less strenuous or hazardous position or duties if medically needed?

Provide them with PDL

An employer should start planning for pregnancy disability leave (PDL) when an employee informs them about a pregnancy. Employees in California can take a PDL for up to four months. After which, they can return to their same job when they are no longer disabled by pregnancy.

An employee does not need to take the full four months’ leave at once – they can take their PDL intermittently. For example, they can take the leave in hours, days or weeks, depending on their medical needs verified by their healthcare provider. 

Avoid all forms of pregnancy discrimination

Pregnancy discrimination creates a hostile work environment for an employee. An employer should anything that may be seen as this. They should not reduce a pregnant employee’s work hours or duties if not requested by the employee, fail to provide reasonable accommodations, deny them a promotion, make offensive comments or fire them. Employers and employees should understand their rights and obligations when it comes to pregnancy. 

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