Workplace issues 101: pregnancy disability leave in California

If you are pregnant, or planning to become pregnant, talk to your Human Resources professional about your entitlements. Ask questions and make sure you understand what affects your job and your benefits.

Pregnancy Disability Leave (PDL) at a glance:

• Pregnancy Disability Leave (PDL) has no length of service requirement.
• PDL time available is 4 months or 88 working days or 17 weeks plus 3 days or 704 hours.
• 4 months is not an absolute — employee must be disabled because of pregnancy, childbirth or related medical condition
• Employer may require certification from treating physician.
• Employers with less than 50 employees are subject only to PDL and do not have to provide additional leave unless they have a policy of allowing more leave for other types of disability.
• Employers with more that 50 employees are subject to the provisions of FMLA & CFRA (Family Medical Leave Act and California Family Rights Act)
• Employers maintain the employee's health coverage for up to 12 weeks per year under FMLA. After the pregnancy disability leave ends, the employee, if eligible under the CFRA, may request an additional 12 weeks of unpaid leave for bonding with her new child.
• Employees are entitled to benefits to the same extent and under the same conditions as would apply to any other type of unpaid disability leave granted by the employer for any reason other than pregnancy.

At work, you think of the children you have left at home. At home, you think of the work you've left unfinished. Such a struggle is unleashed within yourself. Your heart is rent. ~GOLDA MEIR

In this state, the California Fair Employment and Housing Act, mandates that employers with 5 or more employees must give up to 4 months of unpaid disability leave to women facing time off work because of pregnancy, childbirth, or a related illness. California pregnancy disability leave (PDL) also requires that employers transfer you to a less hazardous or strenuous position within the company during your pregnancy, if necessary. In other words, your employer must make reasonable accommodations when you are having a baby. The only excuse a company has to deny reasonable accommodations is if it can prove such accommodations would put an undue burden or strain on the organization.

PDL can be triggered by several qualifying events concerning pregnancy, childbirth, and related conditions. These events include, but are not limited to, bed rest ordered by your doctor; childbirth and recovery from childbirth; prenatal visits and care; and severe morning sickness. Every woman working for a covered employer is eligible for PDL, regardless of full- or part-time status or length of service. However, she must be unable to perform one or more of her job functions due to pregnancy or a pregnancy-related condition in order to qualify. Pregnancy is considered a “disability” in California for purposes of how you are treated in the workplace. Your employer must treat PDL like other temporary disabilities, in that any policies that apply to temporarily disabled workers must also apply to you.
Women who qualify for PDL are eligible for up to 4 months of unpaid leave. Although your employer can hire a temporary staff person to fill in during your absence, the company must allow you to return to your previous position or a position that has similar pay and responsibilities. You may take PDL on an as-needed basis and in small increments rather than at weeks at a time if recommended by your health care provider.

You can use PDL in addition to the 12 weeks of leave provided by the California Family Rights Act (CFRA) to give you time to bond with your new child.
California PDL runs concurrently with time off dictated by the federal Family and Medical Leave Act (FMLA), since that law applies to both bonding and pregnancy-related disability. If eligible, you may also receive State Disability Insurance (SDI) while on PDL. See article on California State Disability Insurance.

There are several limitations on PDL in California law. These include an employer’s right to demand medical certification of your disability and an employer’s right to discontinue health insurance or other benefits if this is their policy for other types of disability leave. Thus, companies that provide benefits for temporary disabilities and extend leave beyond 4 months must do the same for pregnancy-related disabilities. You have the option of using paid vacation leave for part of your PDL, which may be a good thing since you will be paid for that time in full. Transferring women who need reduced work schedules to other positions is allowable, but only if those positions provide equal benefits and pay and require the same skill set.

If possible, you must provide your employer with at least 30 days notice before taking PDL However, medical emergencies do not require this much notice and you cannot be denied leave due to an unforeseen absence. Certification given to your employer must show date of disability, time needed off work, and an explanation of why you cannot work. Employers must inform all employees of their right to take PDL and include this information in company handbooks. While you need not file a claim with a California agency to obtain PDL, you must request PDL from your employer directly and you may be asked to support your request with medical documentation (i.e., a health care provider’s certificate).

Your employer must guarantee the same or a directly comparable position upon your return from PDL. The only circumstance in which an employer can deny you the same position is if it had to be eliminated due to layoffs or location closures – and it would have been eliminated if you had not been on PDL. In addition, your employer is required to provide you with a less hazardous or strenuous position if needed and if such a position exists. Your employer must also accommodate reasonable recommendations from your health care provider.

If you are denied PDL or feel that you are being unfairly discriminated against, get in touch with the Work and Family Information Line at 1-800-880-8047. You may also wish to contact the California Division of Labor Standards Enforcement or the Department of Fair Employment and Housing:

State of California Fair Employment and Housing Department: Complaints of Discrimination & Information
Ste 430
121 Spear St, San Francisco, CA 94105-1584

(800) 884-1684‎

This is a best effort to provide useful, accurate and up-to date information. This is not however legal advice, and any information provided is not a substitute for the advice of a competent legal professional. The laws and requirements surrounding workplace issues are ever evolving…

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