What You Need to Know About Pregnancy Disability Leave in California
Both federal and California state laws protect important pregnancy-related employment rights – one of them being the option to take a pregnancy disability leave. Here’s what you need to know about pregnancy disability leave in California.
Though pregnancy itself is not viewed as a disability, pregnant employees may face impairments related to pregnancy that are covered under the Americans with Disabilities Act (ADA). Examples of pregnancy-related disabilities include but are not limited to severe morning sickness, prenatal or postnatal care, need for bed rest, and gestational diabetes. If a pregnant employee is experiencing such pregnancy-related disabilities, she may take pregnancy disability leave in California.
The Pregnancy Disability Leave (PDL) law requires California employers to provide pregnant employees up to four months of unpaid disability leave. The pregnant employee’s healthcare provider will recommend the amount of time off needed within the four-month span. The leave may be taken intermittently, allowing employees to attend medical appointments when necessary.
It is important to note that it is illegal for an employer to fire any pregnant employee for taking a PDL. It is illegal for an employer to fire an employee for being pregnant or for taking a pregnancy-related leave. Once the leave concludes, the employer is required to reinstate the employee to the same position. However, this does not protect pregnant employees from job termination for reasons beyond the pregnancy, such as mass layoffs.
Eligibility for Pregnancy Disability Leave
In terms of eligibility, PDL does not have stringent requirements. There is no duration of service requirement for a pregnant employee to be entitled to a pregnancy disability leave. However, only employers who handle 5 or more employees are required to allow such a leave. In order to apply for a PDL, a pregnant employee’s healthcare provider must provide a recommendation to begin the process.
Related: Pregnant Employee Rights in California
How To Apply for Pregnancy Disability Leave
If a pregnant employee believes that she needs to take time off work due to a pregnancy-related disability, it is important that she notifies her employer as soon as possible. It is recommended to give at least a 30-day notice. Some employers may require written medical certification from the pregnant employee’s health care provider to verify the need for leave. In turn, the employer must provide the pregnant employee with a written guarantee that she will be reinstated to the same job after returning from the PDL.
Related: Parental Leave Laws in California
Other Options: Family and Medical Leave
In conjunction with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) provides eligible employees with 12 weeks of job-protected leave. However, this leave is unpaid. Prior to its most recent expansion in coverage, the California Family Rights Act was commonly associated with bonding leaves taken after childbirth.
Effective January 1, 2021, the following requirements must be met in order to qualify for a CFRA leave:
- The employee has worked for the employer for at least 12 months
- The employee has worked at least 1,250 hours for the employer in the last 12 months
- The employer has 5 or more employees
Under the newly expanded CFRA, possible reasons for taking leave include care of a child, spouse, domestic partner, parents, grandparents, grandchildren, and siblings.
Related: How to File a Pregnancy Discrimination Lawsuit in California
FAQs
What if my employer has another disability-related leave policy?
If your employer has a policy of providing more than four months of leave for individuals with other disabilities, then your employer must provide you with the same leave (if necessary based on your pregnancy-related disability).
What if I am still experiencing pregnancy-related disabilities after my fourth month of pregnancy disability leave?
If you are still experiencing pregnancy-related disabilities and have used up the four months of your PDL, you may still be able to extend your leave under the CRFA as a “reasonable accommodation.”
If I choose not to take a pregnancy disability leave, can I receive accommodations in the workplace instead?
Under the Pregnancy Discrimination Act, an employer must provide job modifications for pregnant employees when similar modifications are available to an employee with a limitation not caused by pregnancy. Some examples of accommodations include additional breaks, alternative assignments, and light duty. Under the Americans with Disabilities Act, a pregnant employee may receive accommodation for a pregnancy-related impairment, like gestational diabetes, depression, anemia, and sciatica.
Can an employer require a pregnant employee to take a pregnancy disability leave (PDL)?
No, an employer cannot require a pregnant employee to take a pregnancy disability leave. If a pregnant employee chooses not to take a leave, the employee remains entitled to reasonable accommodations for any existing pregnancy-related conditions. For example, the pregnant employee may take on work from home a few days a week rather than taking a disability leave altogether.
Does pregnancy disability leave (PDL) count for sick or vacation time?
An employer may require a pregnant employee to use any available sick leave during a pregnancy disability leave. If the employer does not require this, then the pregnant employee may use an available sick leave as they wish. On the other hand, an employer cannot require a pregnant employee to use vacation time during a PDL.
Contact Her Lawyer
If you or a loved one is being or has been denied pregnancy disability leave in California, get your free consultation with one of our California Pregnancy Discrimination Attorneys today!