New California Laws Protecting Pregnant Employees

The rights of pregnant employees in California are about to change – for the better. With the enactment of California SB 299 and AB 592, pregnant employees may not need to deal with old provisions regarding their rights as workers in the State.

What are SB 299 and AB 592?

Prior to the implementation of SB 299 and AB 592, California employment law only requires an employer to provide health benefits to a pregnant employee while on a pregnancy disability leave (PDL). However, because of newly-implemented laws, the provisions of the California Fair Employment and Housing Act’s (FEHA) on pregnancy are revised for the benefit of pregnant workers.

Under SB 299 and AB 592, California employers are now required to pregnant employees the similar status of insurance benefits during their pregnancy leave. Furthermore, with the enactment of both bills, employers may have the discretion of providing better benefits to pregnant employees, such as giving more than four-month leave.

Difference from Family and Medical Leave Act (FMLA)

Under FMLA, covered employees have the right to file for a leave, so, is it the same with SB 299 and AB 592? Ideally, both are the same; however, if scrutinized, both have their own advantage to offer.

The following are the two notable differences between the new bills and FMLA:

FMLA’s provisions only cover employers with 50 or more employees; however, for California’s pregnancy disability leave bills, employers with five or more are covered

The new bills apply to all women employees, whether tenured or not. In the case of FMLA, an employee must be at least one year at employment or has performed no less than 1,250 hours or work within that year

Benefits to California women employees

Obviously there are particular benefits with the new legislations, and these include:

• Employees working for an employer with less than 50 workers do not have to worry about pregnancy disability leave
• Pregnant employees may have better protection from any pregnancy-related complications because they will be given ample time to take care of themselves
• Employees may need not to worry about pregnancy-related insurance programs and benefits

What employers should do

In order to efficiently implement the provisions set by the new bills, covered employees must make sure that they have informed their employees about their new rights. Additionally, it is also suggested that employers discuss the California employment law to comply successfully and to avoid confusion.