California is moving to expand workplace protections for pregnant employees by proposing new regulations that would align state rules with the federal Pregnant Workers Fairness Act (PWFA). The proposal, released by the Civil Rights Council within the California Civil Rights Department (CRD), seeks to broaden definitions of pregnancy and increase the range of required workplace accommodations.
If adopted, the changes would require employers to respond to accommodation requests as soon as practicable
, with the proposal noting that unnecessary delays could be viewed as a violation even if the accommodation is eventually granted. The draft also suggests that employers should not seek medical certification for basic needs, such as the ability to sit or stand as needed, additional restroom breaks, or access to water, as well as instances where the need is obvious.
Proposed Rules Expand Pregnancy Definitions and Qualifying Providers
The Notice of Proposed Rulemaking published on October 16, 2026, proposes expanding the definition of pregnancy, childbirth, or a related medical condition to include additional physical and mental health conditions, such as endometriosis, sciatica, and conditions related to lactation. Other included conditions are endometriosis and lactation-related issues like low milk supply.
To support these requests, the proposed regulations would expand the definition of qualifying health care providers to include psychiatrists, doulas, and nurses.
Draft Amendments Introduce Wider Accommodations and Updated Bonding Leave
The draft amendments introduce a wider array of reasonable accommodations, including remote work, telework, or a change of worksite. It also suggests modifying customary work practices to reduce pain or health risks and introduces the temporary
suspension of essential job functions, which represents a departure from traditional FEHA and ADA frameworks.
Beyond immediate workplace adjustments, the proposal includes a significant update to child bonding leave under the California Family Rights Act (CFRA). The regulations would eliminate the current requirement that bonding leave be taken in two-week increments, providing employees with more flexibility. The proposal also includes revisions to CFRA and Pregnancy Disability Leave notices.
Next Steps for Rulemaking
These proposals are not yet final rules and do not currently change employer obligations. The Civil Rights Council will hold a public hearing on December 8, 2026, at 11:00 AM PT. Written comments on the proposed regulations are due by 5:00 PM PT on that same date.
