The California Pregnancy Disability Leave Law (“PDLL”) is a component of the California Fair Employment and Housing Act (“FEHA”) and requires employers to provide employees up to four months of leave for an employee's disability due to her pregnancy, childbirth, or related medical condition and/or a reasonable accommodation for the employee during her pregnancy.
A Leave Under the California Pregnancy Disability Leave Law and a Leave Under the FMLA Run Concurrently
If an employee takes a leave pursuant to the California Pregnancy Disability Leave Law, the employee will also use up their FMLA leave while doing so. For example, if an employee takes twelve weeks of leave because of her pregnancy, childbirth, or related medical condition pursuant to the FMLA (the maximum entitlement under FMLA), the employee will have exhausted her annual right to FMLA leave and will have exhausted twelve (12) weeks of her sixteen (16) weeks of potential leave under the California Pregnancy Disability Leave Law.
A Leave Under the California Pregnancy Disability Leave Law and a Leave Under the California Family Rights Act Do Not Run Concurrently
If an employee takes a leave pursuant to the California Pregnancy Disability Leave Law, doing so does not use up the employee's right to take a leave under the CFRA for her own serious health condition. Put simply, an employee's right to take a leave pursuant to the California Pregnancy Disability Leave Law is separate and distinct from her right to take a CFRA leave. After an employee takes a leave pursuant to the California Pregnancy Disability Leave Law, the employee will still have the right to take a CFRA leave of up to twelve (12) weeks for the birth of her child.
Thus, if an employee takes both a leave pursuant to the California Pregnancy Disability Leave Law and the CFRA, the maximum total possible leave is four months for pregnancy disability leave pursuant to the California Pregnancy Disability Leave Law plus twelve (12) weeks of CFRA leave.
Who is Eligible for a Leave Under the California Pregnancy Disability Leave Law
An employee is eligible to take a leave pursuant to the California Pregnancy Disability Leave Law if they are disabled by their pregnancy, childbirth, or related medical condition and their employer has 5 or more employees.
When is an Employee “Disabled by Pregnancy”
An employee is disabled by her pregnancy when in her doctor's opinion, she is:
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Unable to work; or
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Unable to perform any one or more of her essential job functions; or
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Unable to perform her essential job functions without undue risk to herself, the successful completion of her pregnancy, or to other persons.
Examples of when an employee is considered to be disabled by pregnancy include: a pregnant employee who suffers from severe morning sickness, a pregnant employee who needs time off from work for prenatal care or postnatal care, a pregnant employee who is ordered to bed rest, a pregnant employee who suffers from pregnancy-induced hypertension, a pregnant employee who has preeclampsia, a pregnant employee who suffers from postpartum depression, or an employee who needs to recover from childbirth.
What Does the California Pregnancy Disability Leave Law Provide For?
The California Pregnancy Disability Leave Law provides for:
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A leave of up to four months due to an employee's pregnancy, childbirth or related medical condition;
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The transfer of a pregnant employee to a different position;
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The reasonable accommodation of an employee for conditions related to her pregnancy, childbirth, or a related medical condition.
A Pregnant Employee Disabled By Pregnancy Can Take a Leave Under the California Pregnancy Disability Leave Law
An employee's leave under the California Pregnancy Disability Leave Law is up to four months. An employee's leave need not be taken all at the same time and can be taken by way of a reduced work schedule.
A Pregnant Employee Can Transfer Positions and/or Demand a Reasonable Accommodation for Her Disabled Condition Under the California Pregnancy Disability Leave Law
Because of an employee's pregnant condition, she may have the right to transfer to a different position for the duration of her pregnancy. Specifically, if her doctor advises her to do so, an employee may request a transfer to a less strenuous or hazardous position. An employer in turn must attempt to reasonably accommodate the employee.
Possible reasonable accommodations for a pregnant employee, include, but are not limited to: modifying an employee's work duties, modifying an employee's work schedule, modifying an employee's work environment.
A Leave Taken Pursuant to the California Pregnancy Disability Leave Law is Generally Unpaid
A leave taken under the California Pregnancy Disability Leave Law, unless there is otherwise applicable policy in place by the employee's employer, is unpaid.
The California Pregnancy Disability Leave Law does require however that an employer maintain and pay for a female employee's health insurance while she is on a leave pursuant to the California Pregnancy Disability Leave Law. Note that an employer can recover health insurance benefits paid for the employee if the employee fails to return to work following her leave.
What are an Employee's Rights Following Her Leave Under the California Pregnancy Disability Leave Law?
After an employee returns from a leave pursuant to the California Pregnancy Disability Leave Law, she is generally entitled to be reinstated to the same position she held before her leave.