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PWFA · California
The Pregnant Workers Fairness Act in CaliforniaHow federal law works alongside state law
The PWFA is a federal law that requires larger employers to accommodate pregnancy-related limits. Here is what it adds for California workers, how the EEOC process works, and where the rule stands after a 2025 court ruling.
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15+employeesEmployer size the PWFA covers
2023in effectPWFA took effect June 27, 2023
300daysTo file an EEOC charge in California
90daysTo sue after an EEOC right-to-sue notice
The short answer
The PWFA is a federal law that, since June 27, 2023, has required employers with 15 or more employees to reasonably accommodate known limitations related to pregnancy, childbirth or related medical conditions, unless that causes undue hardship. In California it works alongside state law, which already requires pregnancy accommodation at 5 or more employees. The PWFA does not limit state laws that protect you as much or more. The EEOC enforces it.
From the California labor lawyers at Employees First Labor Law, led by Jonathan P. LaCour, CEO · Senior Trial Counsel. Meet our team. Updated November 2026
On this page
- What is the PWFA, and who does it cover in California?
- PWFA vs. California law, side by side
- What the PWFA adds for California workers
- The EEOC’s PWFA rule and the May 2025 court ruling
- Does the PWFA cover you in California? A quick check
- How to use the PWFA: your request and the EEOC process
- PWFA and California deadlines
- Related guides on pregnancy rights at work
- PWFA in California: common questions
- Keep reading
What is the PWFA, and who does it cover in California?
The Pregnant Workers Fairness Act (PWFA) is a federal law passed by Congress. It took effect on June 27, 2023, and the Equal Employment Opportunity Commission (EEOC) enforces it.
Which employers
The PWFA covers private employers and state and local government employers with 15 or more employees. It also covers federal agencies, employment agencies and labor unions. California workers at these employers have both federal and state rights.
What it requires
A covered employer must make a reasonable accommodation for a worker’s or job applicant’s “known limitation,” unless doing so would cause undue hardship. A known limitation is a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, that you or your representative has told the employer about. It does not have to be a disability under the Americans with Disabilities Act.
The EEOC’s examples of accommodations include:
- More, longer or more flexible breaks to drink water, eat, rest or use the restroom
- Telework
- A temporary reassignment
- A changed schedule, such as shorter hours or a later start
- Light duty or help with lifting
- Leave for health care appointments
How claims are handled
The PWFA uses the same powers, remedies and procedures as Title VII, the main federal job discrimination law. There is one limit to know: on a failure-to-accommodate claim, certain damages are not available if the employer shows it made good-faith efforts, in consultation with you, to find a reasonable accommodation.
PWFA vs. California law, side by side
California law covers more employers and gives you longer to file. The PWFA adds federal rules on how requests are handled. If both apply, you have both.
Federal PWFA
- Employers with 15 or more employees
- Reasonable accommodation for known limitations related to pregnancy, childbirth or related medical conditions
- Your employer cannot require you to take leave if another reasonable accommodation would let you keep working
- You can be qualified even if you need a temporary break from some essential duties
- Enforced by the EEOC; a charge is due within 300 days in California
- Lawsuit within 90 days of an EEOC right-to-sue notice
California law (FEHA and PDL)
- Employers with 5 or more employees, plus public employers of any size
- Reasonable accommodation for pregnancy-related conditions when your health care provider advises it
- A temporary transfer to a less strenuous or hazardous job on a physician’s advice, if your employer can reasonably do it
- Up to 4 months of pregnancy disability leave while disabled by pregnancy
- Enforced by the Civil Rights Department (CRD); a complaint is generally due within 3 years
- Lawsuit within 1 year of a CRD right-to-sue notice
What the PWFA adds for California workers
At 15 or more employees, these federal rules from the PWFA and the EEOC’s rule apply in addition to California law.
Duties
A pause in some duties
You can still be qualified if you temporarily cannot do an essential duty and that can be accommodated. For a current pregnancy, the EEOC’s rule says this is generally judged within 40 weeks of when the pause starts.
Basics
Four simple requests
The EEOC’s rule says water nearby, extra restroom breaks, sitting or standing as needed, and breaks to eat and drink will, in virtually all cases, be reasonable for a pregnant worker and not an undue hardship.
Paperwork
Limits on documentation
Under the EEOC’s rule, an employer may ask for supporting documents only when it is reasonable, and only for the minimum needed to confirm the limitation and the change you need.
Process
A real conversation
Your employer cannot make you accept an accommodation that was not reached through the interactive process, a two-way discussion about what you need.
Protection
Protection for asking
Your employer cannot punish or retaliate against you for asking for or using an accommodation, or coerce you for exercising PWFA rights. Applicants are protected too.
The EEOC’s PWFA rule and the May 2025 court ruling
The PWFA statute is a law passed by Congress. Separately, the EEOC issued a final rule explaining how it applies. The EEOC issued that rule on April 15, 2024, and it took effect on June 18, 2024.
What the court decided
On May 21, 2025, the U.S. District Court for the Western District of Louisiana ruled in a case brought by Louisiana and Mississippi against the EEOC (No. 2:24-cv-00629), which it decided together with a related case. According to the court’s written order, it vacated the rule to the extent the rule lists abortion as a pregnancy-related medical condition, along with any EEOC rules or guidance that require employers to accommodate purely elective abortions that are not needed to treat a medical condition related to pregnancy. The order said the EEOC had exceeded its statutory authority, and it sent the rule back to the EEOC.
What the ruling did not do
The ruling was limited to that part of the rule. The order says it does not affect abortions that stem from treating a medical condition related to pregnancy. It did not strike down the PWFA statute, and a federal court ruling about a federal rule does not change California law.
As of November 2026, the EEOC’s PWFA pages we reviewed do not describe this ruling. The EEOC’s own summary of its rule does list earlier court orders that limit how the EEOC enforces the PWFA in some situations, including charges against certain states and employers. Whether the rule will change further is not settled. For the current version, check the EEOC’s PWFA pages.
California law on reproductive health
California’s Fair Employment and Housing Act (FEHA) treats “reproductive health decisionmaking” as a protected characteristic, which covers decisions to use or access reproductive health care. Starting January 1, 2027, AB 2563 also writes into law that sex discrimination includes abortion, miscarriage, fertility, lactation and contraception. See reproductive health decisions at work for more.
Does the PWFA cover you in California? A quick check
One or two questions about your employer’s size.
A quick yes-or-no check
- Both the PWFA and California law likely apply You can rely on California’s accommodation and leave rules and on the PWFA. You can file with CRD, the EEOC, or both. California’s 3-year deadline is longer than the EEOC’s 300 days.
- California law likely applies, but not the PWFA The PWFA starts at 15 employees. California still requires reasonable accommodation on your provider’s advice, a temporary transfer when reasonable, and up to 4 months of pregnancy disability leave.
- Fewer rules apply, but some still do California’s harassment protections apply at 1 or more employees. Lactation break rules apply to employers of every size, though employers under 50 can claim undue hardship for some requirements. A short conversation can help sort out what fits your job.
How to use the PWFA: your request and the EEOC process
Most problems start with a request. Here is how to make one, and what happens if you need to file.
Tell your employer what you need
A known limitation only has to be communicated to your employer. A short written request creates a record.
Copy this accommodation requestHi [manager or HR name], Because of a limitation related to my pregnancy [or childbirth / a related medical condition], I am requesting a reasonable accommodation under the Pregnant Workers Fairness Act and California law. What would help: [for example, a stool at my station / extra breaks to drink water / no lifting over (number) pounds / a later start time]. I would like this to start on [date] and expect to need it until [date or "I will update you"]. I am happy to talk about options. Please reply in writing. Thank you, [Your name]
Keep records
Save your request, any reply, any note you provided, and dated notes of conversations.
File a charge on time
A PWFA charge is filed with the EEOC. The general deadline is 180 calendar days, extended to 300 when a state agency enforces a similar law, which is why it is 300 days in California. Weekends and holidays count, but if the last day falls on one, you have until the next business day. Federal employees have a different process and generally must contact an EEO counselor within 45 days.
Know how CRD and the EEOC connect
CRD and the EEOC have a work-sharing agreement in which each agency names the other as its agent for receiving charges, so a charge can be dual-filed. Our guide to CRD complaints and right-to-sue notices explains the state side.
Watch the right-to-sue deadline
The EEOC issues a Notice of Right to Sue when it closes its investigation, and you can request one after 180 days. Once you receive it, you must file your lawsuit within 90 days.
PWFA and California deadlines
Enter the date of the denial or punishment, and the date of any right-to-sue notice, to estimate the main deadlines.
File an EEOC charge (PWFA)Enter a dateAt employers with 15 or more employees.
File a complaint with CRDEnter a dateFor California claims, at employers with 5 or more employees or public employers.
Sue after an EEOC noticeEnter a dateCounted from when you receive the EEOC’s Notice of Right to Sue.
Sue after a CRD noticeEnter a dateWithin 1 year of CRD’s right-to-sue notice, with some exceptions.
These dates are estimates for general information. Your real deadline depends on your facts. Talk with a lawyer well before any deadline.
PWFA in California: common questions
Does the PWFA apply in California?
Yes. The PWFA is a federal law, so it applies in every state, including California, at employers with 15 or more employees. California workers at those employers have both PWFA rights and California rights. The PWFA says it does not limit state laws that give equal or greater protection to people affected by pregnancy, childbirth or related medical conditions.
Can my employer make me take leave instead of accommodating me?
Under the PWFA, at 15 or more employees, your employer cannot require you to take leave if another reasonable accommodation would let you keep working. Under California law, pregnancy disability leave is for when you are actually disabled by pregnancy. If you can work with a reasonable change and are sent home instead, that deserves a closer look.
Do I need a doctor’s note to ask for a PWFA accommodation?
Not always. Under the EEOC’s rule, an employer may ask for supporting documents only when it is reasonable, and only for the minimum needed. The rule also gives examples of when requiring documents would not be reasonable. California’s rule works on your provider’s advice, so a short note can still help.
What did the 2025 court ruling change?
On May 21, 2025, a federal court in Louisiana vacated the EEOC’s PWFA rule to the extent it requires employers to accommodate purely elective abortions that are not needed to treat a medical condition related to pregnancy. According to the court’s order, the EEOC exceeded its statutory authority, and the rule went back to the EEOC. The ruling was limited to that part of the rule. It did not strike down the PWFA statute or change California law. Check the EEOC’s PWFA pages for the rule’s current status.
Should I file with the EEOC or with CRD?
It depends on your employer’s size, your deadlines and your claims. CRD covers employers with 5 or more employees and generally allows 3 years. The EEOC covers PWFA claims at 15 or more employees and requires a charge within 300 days in California. The two agencies share charges under a work-sharing agreement. A lawyer can help you choose before a deadline passes.
Keep reading
Sources
- EEOC: What you should know about the PWFA
- EEOC: Summary of key provisions of the PWFA final rule
- EEOC: Pregnancy discrimination
- EEOC: Time limits for filing a charge
- EEOC: Filing a lawsuit
- Federal Register: Implementation of the PWFA (final rule)
- 42 U.S.C. §2000gg (definitions)
- 42 U.S.C. §2000gg-2 (remedies and enforcement)
- 42 U.S.C. §2000gg-5 (relationship to other laws)
- CRD: Pregnancy Disability Leave fact sheet
- Gov. Code §12945 (pregnancy leave and accommodation)
- Gov. Code §12926 (definitions)
- CRD: Complaint process
- CRD–EEOC work-sharing agreement (FY 2022)
- Gov. Code §12965 (lawsuit deadline)
- Workplace Fairness: Court vacates portion of PWFA final rule
This page gives general information about California law as of November 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; talk with a lawyer about yours.
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