On October 19, 2026, the California Civil Rights Department (CRD) announced proposed regulations that would update California’s existing protections for employees affected by pregnancy, childbirth, or related medical conditions.
The proposed regulations address pregnancy disability leave, reasonable accommodations, temporary transfers, and bonding leave under the Pregnancy Disability Leave laws and California Family Rights Act (CFRA). Although the regulations are not yet finalized, several proposed changes could significantly affect how California employers administer pregnancy-related accommodation and leave requests.
Expanded Pregnancy-Related Conditions and Accommodations
The proposed regulations would clarify and expand the types of medical conditions covered by California’s pregnancy protections. These include postpartum depression and anxiety, lactation-related conditions such as low milk supply, and other physical conditions such as sciatica and lower back pain.
The proposal would also expressly identify additional reasonable accommodations, including telework, changes in work location, and the temporary suspension of certain essential job functions.
Importantly, the regulations would recognize that an employee may remain qualified for a position even if pregnancy-related limitations temporarily prevent the employee from performing certain essential duties. Whether an accommodation is reasonable would remain a fact-specific determination.
The proposed regulations would further broaden the examples of health care providers who may substantiate an employee’s need for accommodation, including nurses, doulas, and psychiatrists. They would also restrict when employers may require medical certification, particularly for routine accommodations such as additional restroom breaks or access to drinking water.
Changes to Leave and Request Procedures
Employers would also face revised requirements for responding to pregnancy-related requests. Existing regulations require a response as soon as practicable, but no later than ten calendar days. The proposed regulations arguably create more uncertainty and ambiguity, as they would eliminate that outer limit of 10 days and instead, state that “unnecessary delays” could constitute violations even if requests are ultimately granted. Although the regulations identify factors for determining whether a delay is unnecessary, they provide no definite response deadline.
Employees could also request accommodations or transfers at any time, while pregnancy disability leave would be subject to more advance notice requirements.
Separately, the proposed regulations would eliminate the current two-week minimum duration for bonding leave, providing eligible employees greater flexibility to take leave in shorter increments.
Takeaways for Employers
Although the proposed regulations have yet to take effect, California employers should be ready to review their existing pregnancy accommodation and leave policies, particularly with respect to:
- Accommodation procedures: Ensure managers recognize pregnancy-related requests and promptly refer them to Human Resources for individualized consideration.
- Medical certification: Review when medical documentation may be required and prepare to recognize certifications from the broader range of health care providers identified in the proposed regulations.
- Bonding leave: Review leave policies and tracking procedures to prepare for the possibility of employees taking bonding leave in shorter increments.
The Civil Rights Council is accepting public comments on the proposed regulations until 5:00 p.m. on December 8, 2026, with a public hearing scheduled for the same day.
CDF Labor Law LLP will continue monitoring the rulemaking process and provide updates as the proposed regulations progress. If you have questions about how the proposed pregnancy leave and accommodation regulations may affect your workplace, contact your favorite attorney at CDF Labor Law LLP.
*Special thanks to law clerk Victor Weber for his research and contributions to this article.
