Susan,

Thank you for entrusting me to answer your question.

Pursuant to California's Pregnancy Disability Leave Act, codified at Government Code 12945 et seq., it is unlawful 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."

Typically, an accommodation is "reasonable" if it does not impose undue hardship on the employer. ("...Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship to its operation.") An employer must also typically engage in an interactive process with the employee to determine what accommodations can be made.

What is "reasonable" under the circumstances is a "question of fact," meaning that there is no set rule and each case must be evaluated on its own merits. However, courts have held that a modification or adjustment is "reasonable" if it "seems reasonable on its face, i.e., ordinarily or in the run of cases." Thus, it is "reasonable" if it appears to be "feasible" or "plausible."

Attempts to find "reasonable accommodations" should typically be documented in writing.

If there is no way to reasonably accommodate a pregnant employee, they can be asked to take time off from work, but California's Pregnancy Disability Leave Law protects a pregnant employee's job for up to 4 months. Specifically, Government Code 12945(a) states as follows:

In addition to the provisions that govern pregnancy,
childbirth, or a related medical condition in Sections 12926 and
12940, each of the following shall be an unlawful employment
practice, unless based upon a bona fide occupational qualification:
(1) For an employer to refuse to allow a female employee disabled
by pregnancy, childbirth, or a related medical condition 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 a related medical condition."

Finally, you asked: "Can I turn to my workers comp co or the EDD for guidance?"

The EDD and workers comp carriers typically do not provide information or advice on these subjects.

So to summarize, an employer need not accommodate an employee's pregnancy related limitations if there is no reasonable way to do so. What is "reasonable" is a question of fact and depends on whether the accommodation is "feasible" or "plausible." If no reasonable accommodation can be made, a pregnant employee is entitled to up to 4 months of protected unpaid leave.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

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In case my original answer was unclear or insufficient on this point (which I realize it may have been), here is a very helpful guide from the EEOC that discusses what makes accommodations "reasonable." Although it is discussing "accommodations" in the context of the federal Americans With Disabilities Act, the same standards basically apply. It may help you to review it. http://www.eeoc.gov/policy/docs/accommodation.html

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Very kindest regards.