What Should Mothers Know About Their Rights in the Workplace?

Navigating the workplace as a mother comes with unique challenges that require awareness and understanding of one’s legal rights. Ensuring mothers are informed about their workplace rights is crucial for safeguarding their well-being and career progression. At Minnis & Smallest LLP, we believe it is important to recognize the key protections under the law. We offer guidance on how to handle and combat workplace discrimination and harassment.

Understanding Discrimination That Impacts Employees Who Are Mothers

Legal Protections

Pregnancy discrimination is one form of mistreatment that mothers may face at work. It occurs when an employer treats an employee unfavorably due to pregnancy, childbirth or related medical conditions. Under the Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA), it is unlawful for employers to discriminate against workers based on pregnancy. These laws require employers to treat pregnant employees the same as other employees who are similar in their ability or inability to work.

Examples of Discrimination

Discrimination can take various forms, including being passed over for promotions, being reassigned to less favorable positions, and not being provided with reasonable accommodations. For instance, a pregnant employee might experience severe morning sickness that necessitates a modified work schedule. Employers are obligated to provide reasonable accommodations unless doing so would cause undue hardship to the business.

Maternity Leave: Rights and Provisions

Federal and State Laws

Mothers are entitled to maternity leave under both federal and state laws. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn. California’s Pregnancy Disability Leave (PDL) offers up to four months of leave for pregnancy-related disabilities, which can be taken before or after childbirth.

Bonding Leave

California’s New Parent Leave Act (NPLA) further grants eligible employees up to 12 weeks of unpaid leave to bond with a new child within the first year of birth, adoption, or foster care placement. This bonding leave is available to both mothers and fathers, ensuring that parents have the necessary time to cultivate a strong relationship with their new child.

Breastfeeding Rights in the Workplace

Time and Space for Lactation

Under both federal and California state laws, employers are required to provide nursing mothers with reasonable break time to express breast milk. Employers must also provide a private space, other than a bathroom, for this purpose. 

Practical Implementation

Employers should create a supportive environment by providing dedicated lactation rooms equipped with comfortable seating and electrical outlets for breast pumps. By law, failure to provide such accommodations can result in claims of workplace discrimination.

Speak to a Knowledgeable Attorney

Understanding one’s rights in the workplace is essential for mothers to navigate their professional lives effectively while managing family responsibilities. Key protections include anti-discrimination laws, maternity and bonding leave provisions, and breastfeeding rights. Employers are legally obligated to uphold these protections, and mothers must be vigilant in asserting their rights. Employees should seek legal guidance from our employment attorneys at Minnis & Smallets LLP if they believe their rights have been violated. Contact our firm today to begin.