Newsom vetoed the menopause bill. What protects a California employee going through menopause now?

Existing California law still protects you. Menopause is not named in the state’s definition of sex, but symptoms that limit a major life activity can qualify as a disability, which triggers reasonable accommodation and a good faith interactive process. Sex and age discrimination remain unlawful, and medical leave still applies.

What did the AB 1940 veto do?

It left the law where it was. AB 1940, by Assemblymember Lisa Calderon, would have added perimenopause, menopause, postmenopause and related conditions to the definition of sex under the Fair Employment and Housing Act (FEHA). It would also have required the Civil Rights Department to update its employer poster by July 1, 2027, per the bill digest.

The Governor vetoed it on September 30, 2026. His veto message says he strongly supports protecting women experiencing menopause. It gives two reasons: the conditions are already covered under FEHA when symptoms rise to a medical condition or disability, and the bill may have unintended consequences for litigation and state costs. A related bill, AB 2563, was signed the same day, but its provisions that depended on AB 1940 did not take effect, per its digest.

The message also points to the state budget proposal on menopause health care, which covers screening and coverage, not workplace rights. I could not confirm that proposal was enacted, so I am not treating it as part of the protection picture. For now, the workplace rules are the ones already on the books.

Is menopause covered by California law today?

Not by name, and that is the gap. The current definition of sex in Government Code 12926 covers pregnancy, childbirth, breastfeeding and related conditions, plus gender, and it does not list menopause. I also found no Civil Rights Department page that addresses menopause, so there is no agency guidance to point to.

That does not leave a worker without a claim. A policy that treats women over 40 worse, or comments mocking hot flashes, can support a sex or age discrimination claim under Government Code 12940(a). FEHA protects workers age 40 and over, and an employer is covered once it regularly employs five or more people. What you lose without the bill is a clear label. You have to fit the facts to a category that already exists.

That has a practical cost. A worker who says “I have menopause” may hear that it is not a protected category. A worker who says “my symptoms limit my sleep, concentration and ability to work in a hot room, and I need a change” is describing a limitation and asking for an accommodation. The second framing matches how the law is written, so it is the one to use. Supervisors should know that either version can start the process.

Can menopause symptoms qualify for a disability accommodation?

Sometimes. FEHA defines physical disability as a physiological condition that limits a major life activity, and it judges that limit without regard to medication or other measures that reduce it. “Major life activities” is read broadly, per 12926. The Governor’s own message says the conditions are covered when symptoms reach that level.

When they do, 12940(m) and (n) require the employer to make reasonable accommodation for a known disability, unless it causes undue hardship, and to engage in a timely, good faith interactive process. Retaliating against you for asking is also unlawful. Typical requests are a schedule adjustment, a cooler workspace, a fan, more frequent breaks, a remote day, or a short leave. Whether a given request is reasonable depends on the job and the employer, so expect a conversation, not a guarantee.

What leave can I take?

Two kinds, depending on your situation. Under the California Family Rights Act, an eligible employee can take up to 12 workweeks in 12 months for her own serious health condition, per Government Code 12945.2. Eligibility generally requires more than 12 months of service and at least 1,250 hours in the prior 12 months, and the employer must have five or more employees. A condition qualifies when it involves inpatient care or continuing treatment by a health care provider.

For shorter absences, paid sick leave under Labor Code 246 lets employees use accrued time starting on the 90th day of employment, and the Labor Commissioner says employers must generally offer five days or 40 hours. Some employees will use sick leave for appointments, and a smaller group will need CFRA for a longer treatment plan. California has no separate “menopause leave.” Ask HR which one fits, and put the request in writing so the dates and the reason are on record before an absence turns into an attendance question.

What should an employee document and ask for?

Write it down early, and keep it factual. Employees:

• Record dates, symptoms that affect specific tasks, and any comments from a manager or coworker.
• Ask for accommodation in writing, and name a specific change, such as two remote days a week.
• Ask your provider for a short note describing work limits, not your diagnosis.
• Save the employer’s reply, and follow up in writing if the conversation stalls.
• Request your personnel file before any discipline, and read the 90-day retaliation presumption if discipline follows a request.

What should employers do now?

The veto removed a new obligation, not an existing one. A manager who hears “I am struggling with hot flashes and sleep” has heard a possible accommodation request, whether or not the word disability comes up. Treat it that way:

• Train managers to route any health-related request to HR the same day.
• Run the interactive process in writing, and keep a separate file for each request.
• Bar stereotyped comments about age, hormones or “being emotional.”
• Offer flexibility first, such as temperature control, schedule changes and breaks, since those cost little.
• Review any attendance or performance discipline before it reaches a worker with an open request.

The poster change would have been the visible part. The work is in manager conversations, and those do not need a bill to start. The 2027 law roundup covers what is changing on January 1, and the headcount guide shows which of these rules reach your size.

What should I do this week?

Employers: add one paragraph on accommodation requests to your manager guide, and run a short session on how to respond. Employees: write your first dated note about work limits, and send an accommodation request in writing. For a review of your accommodation process and the rest of your policies, the California HR compliance check-up covers it, and the handbook template includes an accommodation section. This is general information, not legal advice for your situation.

McKinley holds a J.D. but is not a licensed attorney. Articles here are general information, not legal advice. For your specific situation, talk with an employment attorney.