How to ask for changes at work while pregnant or breastfeeding

This is general information, not legal advice. Do Not Lose Hope is not a law office. Free help is listed below.

This page is about changes at work while you keep working. For time off and pay around birth, see Pregnant and working: your leave and pay in California. For leave for a partner or adoptive parent, see Paid time off to bond with a new child.

Does my employer have to make changes for me?

In most cases, yes.

California law. Under the Fair Employment and Housing Act, an employer may not refuse a reasonable accommodation for a condition related to pregnancy, childbirth or a related medical condition, if you ask with the advice of your health care provider. The Civil Rights Department says these rules cover employers with 5 or more employees. There is no minimum time on the job for pregnancy rights.

Federal law. The Pregnant Workers Fairness Act (PWFA) covers private and public employers with 15 or more employees. Employers must provide a reasonable accommodation for known limitations from pregnancy or related conditions unless it causes undue hardship, meaning significant difficulty or expense. The PWFA does not replace state laws that protect you more.

Your immigration status does not change these rights. The Civil Rights Department does not ask about citizenship or immigration status.

What changes can I ask for while pregnant?

Ask for what you actually need. California rules give examples of reasonable accommodation, such as changing work duties or policies, more frequent breaks (for example to use the restroom), and furniture like stools or chairs. The EEOC lists more, including:

• Extra breaks, and keeping water or food nearby
• Changes to equipment, your workstation or your uniform
• A changed schedule, or working from home
• Light duty, or a temporary reassignment
• Time off for prenatal appointments

A transfer to safer work. If your job is heavy or hazardous, California says your employer may not refuse to temporarily transfer you to a less strenuous or hazardous position if you ask with your doctor's advice and it can be reasonably done. Your employer does not have to create a new job, move a worker with more seniority, or promote you. If your employer already lets temporarily disabled workers transfer, it must let you transfer too.

Common examples: no lifting over a set weight, no ladders, no chemical exposure, sitting instead of standing, shorter shifts, or moving away from wildfire smoke or heat. See Heat at work.

Your employer cannot force you onto leave if another accommodation would work. The EEOC says employers may not require an employee to take leave if another reasonable accommodation can be provided. You can still ask for leave if that is what you need.

Do I need a doctor's note?

Under California law, your request should come with your health care provider's advice, so a short note helps. It can come from a doctor, midwife, nurse practitioner or other provider.

Under the PWFA, the EEOC says an employer generally cannot require documentation when the need is obvious, when the employer already knows, or for needs like bathroom breaks, eating, drinking or standing. When a note is allowed, it is limited to confirming the condition, that it relates to pregnancy, and the change you need. Your employer cannot make you see a provider it picks, and must keep medical information confidential.

The note does not need your full medical history. See the sample note below.

What are my rights to pump at work?

California's lactation law, as the Labor Commissioner explains it, says your employer must:

• Give you a reasonable amount of break time each time you need to pump. If possible, it runs with your regular rest breaks. Time beyond your paid breaks can be unpaid.
• Give you a private place that is not a bathroom, near your work area, shielded from view and free from intrusion. It must be safe and clean, with a surface for your pump, a place to sit, and electricity.
• Have a sink with running water and a refrigerator for milk nearby.
• Not require medical documentation for lactation breaks.

Employers with fewer than 50 employees may be excused from some of these rules only if they meet certain conditions; ask a clinic if your employer claims this.

Federal PUMP Act. Most workers nationwide have a right to reasonable break time for one year after the child's birth, each time they need to pump, in a place other than a bathroom that is shielded from view and free from intrusion. The PUMP Act extended this right to more workers, including farmworkers, teachers, nurses, home care workers and drivers.

California rules also treat lactation as a condition related to pregnancy, and list break time and a room to express milk as examples of reasonable accommodation.

How do I ask?

1. Get clear on what you need. For example: "No lifting over 20 pounds," "a stool at my register," or "two 20 minute pumping breaks per shift."
2. Talk to your supervisor or HR. You do not need special words. The EEOC says many requests can be settled in a short conversation or email.
3. Put it in writing the same day. Use the sample below. Keep a copy, and take a photo of anything you hand in.
4. Bring a provider's note if needed for pregnancy changes.
5. Talk it through. Your employer may suggest a different change that also works. That back and forth is normal.
6. Write down what happens. Dates, names and what was said.

If you speak another language, you can write the request in your language and ask a trusted person to help translate.

What if my employer says no?

• Ask why, in writing. "Can you tell me in writing why this change cannot be made, and what you can offer instead?"
• Get free advice. Call the Legal Aid at Work Work and Family Helpline at 800-880-8047 (415-593-0033 outside California). They call back in 2 to 3 business days.
• File a complaint.
  • Pregnancy accommodation or discrimination: the California Civil Rights Department, 800-884-1684 (TTY 800-700-2320). You usually have 3 years.
  • Federal PWFA: the EEOC. The usual deadline is 180 days, extended to 300 days where a state agency enforces a similar law, as California's Civil Rights Department does.
  • Denied a pumping break or space: you can file a wage claim for one hour of pay for each violation, or report it to the Labor Commissioner, which can fine the employer $100 a day.
• Punishment for asking. If you are punished for asserting your pumping rights, a lactation retaliation claim must be filed with the Labor Commissioner within one year. See What counts as illegal retaliation at work. If you are punished for asking for a pregnancy change, contact the Civil Rights Department or a clinic.

Questions people ask

I work part time. Do I still have these rights? Yes. Part time workers count, and the California pregnancy rules do not require a minimum time on the job.

My job is in the field. Where would I pump? Your employer still has to provide a private space. The PUMP Act now covers farmworkers and drivers, and California rules have special guidance for agricultural and shared worksites. Ask your employer, and call a clinic if they refuse.

Can I be fired for asking? California's lactation law lets you file a retaliation claim if you are punished for asserting pumping rights. If you are punished for asking for a pregnancy change, talk to the Civil Rights Department or a free clinic right away.

Does my employer have to pay me while I pump? Pumping during your regular paid rest breaks is paid. Extra time beyond those breaks does not have to be paid.

I have no papers. Is it safe to complain? California labor and civil rights agencies do not ask about status. For other worries, talk to a legal aid office first. See Free legal help.

Is there a letter I can use?

What should the note from my provider say?

Who can help

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Work and Family Helpline (free): 800-880-8047; 415-593-0033 outside California. Callback in 2 to 3 business days. legalaidatwork.org
• Legal Aid at Work, Workers' Rights Clinic (free, income limits): East Palo Alto line (415) 404-9093. legalaidatwork.org
• California Civil Rights Department: 800-884-1684; TTY 800-700-2320; Relay 711. calcivilrights.ca.gov
• California Labor Commissioner (lactation breaks): 833-526-4636. dir.ca.gov
• U.S. Department of Labor, Wage and Hour Division (PUMP Act): 1-866-487-9243. dol.gov

Asking for what you need is not asking for a favor. It is your right, and it helps you and your baby stay well.