What to do if I work and am currently pregnant but was told that I needed to stay late to make up for any time that I take to use the restroom?

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What to do if I work and am currently pregnant but was told that I needed to stay late to make up for any time that I take to use the restroom?

Is this legal or do I have a case? I work for a large corporation.

Asked on December 27, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, it is probably legal. Employers may not discriminate against female employees because they are pregnant; that can require them to make certain "reasonable accommodations." A reasonable accommodation can include allowing a pregnant employee to take additional bathroom breaks. However, reasonable accomodations do not include letting employees do less work or have more total breaks than other employees; therefore, while you should be given additional bathroom breaks if you need them, it's not illegal to require you to make up the time you spend on them, so that you are not being allowed to work less than other employees while being paid the same.


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