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California Government Code Section 12945

Legal Research Home > California Lawyer > Government Code > California Government Code Section 12945

In addition to the provisions that govern pregnancy,
childbirth, or related medical conditions in Sections 12926 and
12940, it shall be an unlawful employment practice, unless based upon
a bona fide occupational qualification:
   (a) For an employer to refuse to allow a female employee disabled
by pregnancy, childbirth, or related medical conditions to take a
leave for a reasonable period of time not to exceed four months and
thereafter return to work, as set forth in the commission's
regulations.  The employee shall be entitled to utilize any accrued
vacation leave during this period of time.  Reasonable period of time
means that period during which the female employee is disabled on
account of pregnancy, childbirth, or related medical conditions.
   An employer may require an employee who plans to take a leave
pursuant to this subdivision to give the employer reasonable notice
of the date the leave shall commence and the estimated duration of
the leave.
   (b) (1) For an employer to refuse to provide reasonable
accommodation for an employee for conditions related to pregnancy,
childbirth, or related medical conditions, if she so requests, with
the advice of her health care provider.
   (2) For an employer who has a policy, practice, or collective
bargaining agreement requiring or authorizing the transfer of
temporarily disabled employees to less strenuous or hazardous
positions for the duration of the disability to refuse to transfer a
pregnant female employee who so requests.
   (3) For an employer to refuse to temporarily transfer a pregnant
female employee to a less strenuous or hazardous position for the
duration of her pregnancy if she so requests, with the advice of her
physician, where that transfer can be reasonably accommodated.
However, no employer shall be required by this section to create
additional employment that the employer would not otherwise have
created, nor shall the employer be required to discharge any
employee, transfer any employee with more seniority, or promote any
employee who is not qualified to perform the job.
   (c) This section shall not be construed to affect any other
provision of law relating to sex discrimination or pregnancy, or in
any way to diminish the coverage of pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth under any other
provisions of this part, including subdivision (a) of Section 12940.

Last modified: January 12, 2009