The California Civil Rights Council has released proposed regulations addressing pregnancy-related leave, workplace accommodations, and temporary transfers, as well as child bonding leave. The proposal would update regulations implementing the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA). These are proposed regulations, not final rules, and they do not change employers’ obligations at this stage.
The proposal aims to clarify regulations to reflect changes in California law and, where appropriate, align state rules with federal Pregnant Workers Fairness Act (PWFA) protections.
The proposed regulations broaden the definition of “pregnancy, childbirth, or a related medical condition” to include additional physical and mental health conditions, such as endometriosis, sciatica, conditions related to lactation such as low milk supply, and more.
The proposal also describes a wider range of possible reasonable accommodations. Examples include telework, remote work, or a change of worksite, making adjustments to allow an employee to work without increased pain, and, consistent with the PWFA, temporarily suspending an essential job function. The proposed rules would treat these as examples to consider, not automatic entitlements: whether a particular accommodation is reasonable depends on the circumstances, and employers would continue to evaluate requests through the interactive process. The proposed text also stresses the need for prompt responses by employers, noting that employers must respond to requests “as soon as practicable” and that unnecessary delays in providing an accommodation could be considered a violation even if the accommodation is eventually provided.
Another proposed change concerns who may provide information supporting an accommodation, transfer, or leave request. The draft regulations expand the definition of qualifying “health care providers” to include professionals such as nurses, doulas, psychiatrists, and others. It also describes accommodations for which an employer should not seek medical certification, including when the need is obvious, or the employee requests certain basic accommodations, such as water, additional restroom breaks, or the ability to sit or stand as needed.
The proposed regulations also include a significant change to child bonding leave under CFRA. The regulations would remove the current requirement that CFRA bonding leave be taken in two-week increments. If adopted, the regulations would require employers to provide more flexibility in how eligible employees use bonding leave.
Lastly, the proposed regulations include revisions to the Pregnancy Disability Leave and CFRA-required notices.
Written comments on the proposed regulations must be submitted by 5:00 PM PT on Dec. 8, 2026.
A public hearing on the proposed regulations will be held at 11:00 AM PT on Dec. 8, 2026.
The Council may revise the text after reviewing comments and holding the hearing; any final language and effective date remain undetermined.
Erika M. Barbara is an attorney with Jackson Lewis in Sacramento. © 2026 Jackson Lewis. All rights reserved. Reposted with permission.
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