Pregnancy & Lactation Accommodations in California

California has some of the strongest workplace protections for pregnant and lactating employees, and you must ensure compliance with multiple overlapping laws. From reasonable accommodations to protected leave and lactation support, it’s critical to understand these requirements to avoid legal risks and support your employees effectively.

Pregnancy Accommodations: What’s Required?

Under California’s Fair Employment and Housing Act (FEHA), employers with five or more employees must provide reasonable accommodations to employees with pregnancy-related conditions. Accommodations may include:

• Modified duties or lighter workloads

• More frequent breaks

• Temporary transfers to a less strenuous position

• Time off for pregnancy-related medical conditions

Additionally, under California’s Pregnancy Disability Leave (PDL) law, employees may take up to four months of job-protected leave for pregnancy-related conditions. This is separate from California Family Rights Act (CFRA) leave, which can provide an additional 12 weeks of leave for bonding after childbirth for eligible employees.

Lactation Accommodation Requirements

California law also requires specific lactation accommodations in the workplace. Employers must provide:

• A private space for pumping that is not a bathroom, is shielded from view, and is free from intrusion.

• Reasonable break time for pumping, which can overlap with existing breaks but must be provided as needed.

• Access to electricity, a chair, and a surface to place a breast pump, along with a nearby sink and refrigerator for milk storage, if available.

If you have fewer than 50 employees, you may qualify for an exemption if providing these accommodations would create an undue hardship. However, you are still required to offer a suitable lactation space in some form.

How These Laws Interact

The interaction between these laws can be complex. For example, an employee may be entitled to pregnancy disability leave, followed by bonding leave under CFRA, and then require ongoing lactation accommodations upon return to work. You must be prepared to manage these transitions while maintaining compliance with multiple legal protections.

Next Steps

To remain compliant and effectively support your employees, start by reviewing your current policies to ensure they align with California’s pregnancy and lactation accommodation requirements. Make sure managers are trained on how to recognize and respond to accommodation needs, and establish a clear, accessible process for employees to submit requests. It’s also important to confirm that designated lactation spaces meet legal standards and are consistently available for use.

Providing pregnancy and lactation accommodations isn’t just about meeting legal obligations, it’s an opportunity to foster a more supportive and inclusive workplace. If you have questions about how to approach this, our team is here to help.