On Oct. 16, California’s Civil Rights Council released proposed regulations to strengthen and modernize workplace protections for pregnant workers, covering leave, reasonable accommodations, and temporary transfers. The existing regulations have not been updated in more than 10 years. The proposal is now open for public comment, which gives employers a chance to review the changes and weigh in before they are finalized. 

Background: Who Is Behind the Proposal

The Civil Rights Council, part of the California Civil Rights Department (CRD), issues regulations implementing California’s civil rights laws. The current pregnancy rules are found in Articles 6 and 11 of the Council's employment regulations, “Pregnancy, Childbirth or Related Medical Conditions.”

Why Now: Aligning with Recent California Law and the Federal PWFA

According to the Council, the proposal is meant to reflect recent changes in California law and, where appropriate, to align state law with the federal Pregnant Workers Fairness Act (PWFA) and its regulations, which took effect in 2024. CRD Director Kevin Kish said the updates are intended to help ensure that California law “not only meets but exceeds protections at the federal level.”

Key Proposed Changes

The Council highlighted several updates: 

• Broader coverage of related medical conditions. The proposal makes clear that pregnancy protections apply to related medical conditions such as postpartum depression, low milk supply, and lower back pain.
• More reasonable accommodation examples. The proposal names additional accommodations, including telework, changes to the work environment, and pausing some essential functions. Pausing essential functions follows the federal PWFA approach. 
• More types of healthcare providers. The proposal adds examples of healthcare providers who can support an employee's need for accommodation, such as nurses, doulas, and psychiatrists. 
• More flexible bonding leave. The proposal removes the requirement that bonding leave be taken in two-week increments, giving new parents more flexibility. 

What Stays the Same

Today, California employers with five or more employees must provide up to four months of pregnancy disability leave (PDL) per pregnancy, and there are no tenure or hours requirements. PDL may be taken intermittently or on a reduced schedule. Eligible employees may also take up to 12 workweeks of California Family Rights Act (CFRA) bonding leave, which must be used within one year of the birth, adoption, or foster placement. 

Practical Takeaways for Employers

Although the regulations are not final, employers can prepare now:

• Review accommodation procedures. Confirm your interactive process accounts for telework, workplace changes, and temporarily paused essential functions. If not, explore the feasibility of adding these accommodations.
• Revisit medical certification practices. Consider the impact of accepting documentation from a wider range of providers, such as nurses, doulas, and psychiatrists. 
• Update bonding leave policies. Be prepared to remove any two-week minimum for bonding leave. 
• Train managers and HR staff. Ensure they recognize postpartum depression and low milk supply as covered conditions. 
• Coordinate with federal compliance. Multistate employers should compare their PWFA compliance programs with California's proposed approach. 

How to Weigh In

Written comments are due by 5 p.m. PT on Dec. 8 and may be emailed to [email protected]. A public hearing on the proposed regulations will be held at 11 a.m. PT on Dec. 8. 

If the Council later makes changes to the proposed text, it will publish the modified text for at least 15 days of additional comment before adopting it.