The California Civil Rights Council has released proposed regulations addressing pregnancy-related leave, workplace accommodations, and temporary transfers, as well as child bonding leave. The proposal would update regulations implementing the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA). These are proposed regulations, not final rules, and they do not change employers’ obligations at this stage.
The proposal aims to clarify regulations to reflect changes in California law and, where appropriate, align state rules with federal Pregnant Workers Fairness Act (PWFA) protections.
The proposed regulations broaden the definition of “pregnancy, childbirth, or a related medical condition” to include additional physical and mental health conditions, such as endometriosis, sciatica, conditions related to lactation such as low milk supply, and more.
The proposal also describes a wider range of possible reasonable accommodations. Examples include telework, remote work, or a change of worksite, making adjustments to allow an employee to work without increased pain, and, consistent with the PWFA, temporarily suspending an essential job function. The proposed rules would treat these as examples to consider, not automatic entitlements: whether a particular accommodation is reasonable depends on the circumstances, and employers would continue to evaluate requests through the interactive process. The proposed text also stresses the need for prompt...
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