Disability and/or Pregnancy Accommodation

Accommodations

Employees who are disabled due to any medical conditions they have had upon hire or acquired during their time with the Company are owed a reasonable accommodation by their employer to perform the essential duties of their job. 

If an employee is disabled by pregnancy, childbirth, or related medical conditions, they are eligible to take a pregnancy disability leave (“PDL”).  If affected by pregnancy or a related medical condition, an employee also is eligible to transfer to a less strenuous or hazardous position or less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated. 

Employees disabled by qualifying conditions may also be entitled to other reasonable accommodation where doing so is medically necessary. In addition, if it is medically advisable for the employee to take intermittent leave or work a reduced leave schedule, the Company may require the employee to transfer temporarily to an alternative position with equivalent pay and benefits that can better accommodate recurring periods of leave. 

The Employer must provide these accommodations so long as the accommodations do not pose an "undue hardship" on the Company's operations. Unfortunately, many employers will state that any accommodation will pose an undue hardship, and then terminate an employee without every having investigated possible solutions to accommodate your disability. Before an employer can even make that decision, there must be a good faith interactive process where the employer works with the employee to determine what accommodations are possible and necessary, and if it is feasible. 

If you have been or become medically disabled, and are receiving disparate treatment from your Company, or they are threatening you with termination because of your disability or pregnancy, contact our office for a FREE consultation so we may discuss the next steps to protect your employment, and receive justice for you and your family. The experienced employment attorneys at Miller Wilmers APC, a Los Angeles California Law Firm are well-versed in the necessary accommodations employers should provide when available and can help you get the assistance you need. 

Lactation Accommodation

California has a mandatory lactation accommodation requirement on employers to assist employees who express breastmilk for their children. Codified in Labor Codes 1030-1033,  all California employers, regardless of size, are required to provide reasonable accommodations. This includes breaks throughout the day to express breast milk. The State has provided that employers must give a reasonable amount of time to express breast milk during the day, although what is "reasonable" is not clearly defined. The breaks should be taken during the employee's usual rest and meal breaks, if possible, or the employer will provide an additional unpaid break. There is no limit whatsoever on how many breaks a nursing mother can take. 

Employers must make reasonable efforts to provide nursing employees with a private room or space, other than a toilet stall, in which to express breast milk. This space must be close to the employee's work area. 

Employer's can avoid providing lactation accommodations if doing so would "seriously disrupt: the operations of the employer. However, the State of California is quite strict about this rule and it would have to be a seriously extreme circumstance for an employer to successfully claim that providing a lactation accommodation would be that serious a disruption.