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What if an employee becomes pregnant?

On Behalf of | Apr 26, 2024 | Employment Law |

Discovering an employee has become pregnant might make you worry about what will happen next. Maybe they will want to leave and all the training you gave them will go to waste. Or perhaps they want to continue working as much as possible, but you cannot see how it will work due to the physical nature of the job.

In California, the law gives pregnant employees plenty of protection (provided the employer employs at least five people). Failing to understand the relevant laws could land you in legal trouble as well as cost you a potentially valuable employee and the goodwill of others.

Don’t be shy in starting the initial conversation

A pregnant employee may be worried about your reaction. Approaching them to say you have heard they are pregnant and are happy to discuss how you can help them is a good start. It shows you value them and would like to keep them. It can also break the trepidation that some employees may feel about approaching you, perhaps due to stories of friends who had bad experiences telling another employer about their pregnancies.

You need to come up with an individual plan

No two pregnancies are the same so what you did for one person may not work for another. Perhaps you had an employee who worked until two weeks before giving birth and all she needed was a few extra rest breaks. Others may need you to make much greater accommodations. The best thing to do is ask the employee what they need.


How far do you have to go?

The law expects you to make reasonable accommodations. That means ones you can reasonably do without causing the business undue hardship. Where the limit lies will depend on the size of your business among other things. 

If you are unsure where to begin, consider taking legal guidance to learn more.