CA Pregnancy Disability Leave

In California, pregnancy disability leave (PDL) is time off work employees take while disabled from pregnancy. An employee disabled by pregnancy, childbirth, or a related medical condition is entitled to 10 to 12 weeks based on the following conditions of your pregnancy and delivery: Without medical complications.

By Douglas Wade, Attorney

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Table of Contents

1. What is a pregnancy related disability?

2. Who Qualifies for Pregnancy Disability Leave in California?

3. What conditions does CFRA leave have?

4. Who Pays for Pregnancy Disability Leave in California?

5. What do employees need to do to get pregnancy disability leave?

6. How long does pregnancy disability leave last in California?

7. Are employers required to grant pregnancy accommodations?

8. Can a Doctor Extend Pregnancy Disability Leave?

9. What are different kinds of pregnancy leave and benefits in California?

10. What Does CFRA Cover?

11. Can a Company Demote You for Being On Pregnancy Disability Leave?

12. What is Newborn Bonding Leave?

13. What is the California New Parent Leave Act?

14. Are employers required to reinstate pregnant employees?

What is a pregnancy related disability?

According to the California Department of Fair Employment and Housing (DFEH), pregnancy itself is not considered a disability. However, certain pregnancy-related conditions or complications can qualify as disabilities under the law. These conditions may temporarily impair an employee’s ability to perform essential job functions and require medical attention and treatment. It is important to recognize and understand these pregnancy-related disabilities to ensure appropriate support and accommodations for affected employees.

Various pregnancy-related issues can potentially qualify as disabilities, including but not limited to:

Severe morning sickness or hyperemesis gravidarum: Some pregnant individuals experience extreme nausea and vomiting, which can lead to dehydration, weight loss, and other complications that affect their ability to work.

Gestational diabetes: This condition occurs during pregnancy and affects blood sugar levels. It may require dietary changes, medication, or insulin management, impacting the employee’s ability to carry out job responsibilities.

Preeclampsia: Preeclampsia is a potentially serious condition characterized by high blood pressure and organ damage during pregnancy. It can result in various symptoms, including swelling, headaches, and visual disturbances, making it difficult for an employee to perform their job duties.

Pregnancy-related musculoskeletal disorders: As the body undergoes physical changes during pregnancy, women may experience conditions such as back pain, sciatica, or symphysis pubis dysfunction (SPD). These disorders can limit mobility and cause significant discomfort, impacting job performance.

Complications requiring bed rest or hospitalization: Some pregnancy complications, such as placenta previa or preterm labor, may require bed rest or hospitalization. In such cases, the employee would be unable to perform their regular job functions.

To obtain a doctor’s assessment and certification for pregnancy-related disabilities, the employee should schedule an appointment with their healthcare provider, typically a licensed physician. During the appointment, the employee should discuss their symptoms, any complications they are experiencing, and the impact on their ability to perform their job duties. The healthcare provider will evaluate the employee’s medical condition and provide a certification stating the presence of a pregnancy-related disability and the recommended duration of leave or accommodations required.

It is advisable for employees to communicate their need for pregnancy disability leave and any required accommodations to their employer in writing, along with the supporting medical documentation. Open and clear communication with both the healthcare provider and the employer is essential to ensure that the appropriate support and protections are provided during the pregnancy and disability leave period.

Who Qualifies for Pregnancy Disability Leave in California?

For many workers in California, pregnancy disability leave is a lawful right. The pregnancy disability leave does not protect employees on the grounds of only being pregnant. Pregnant employees must meet two conditions to be covered by the PDL. These include:

The woman is debilitated because of the pregnancy, resulting in a condition that is covered, such as morning sickness or bed rest advised by their doctor.

The business is officially subject to the pregnancy disability leave.

Which employers in California are subject to the pregnancy disability leave? This list includes most private businesses and all public companies that employ five or more workers.

When employers meet these conditions, the pregnancy disability leave allows women up to four months of leave.

However, another factor dictates whether the pregnancy disability leave covers the women in question. The women’s doctor must also confirm that they cannot perform at least one vital part of their jobs without posing a threat to themselves or their unborn child.

The pregnancy disability leave also features another benefit for those who are subject to it. The pregnancy disability leave protects the woman’s job position while they are on leave.

While the pregnancy disability leave is an important part of California’s legislation, some businesses still reject the law and refuse to provide pregnant women with leave. Some employers also retaliate against women who cite the pregnancy disability leave and ask for leave.

Employers who deny women the right to pregnancy leave behave irresponsibly, offensively, and dangerously. Employees who are denied their rights must reach out to a qualified attorney to take legal action. No one, including pregnant women, should be denied their state rights by their employers.

What conditions does CFRA leave have?

To take pregnancy disability leave under the California Family Rights Act (CFRA) leave, certain conditions must be met. The CFRA provides eligible employees with pregnancy disability leave for specific family and medical reasons, including pregnancy, childbirth, and bonding with a new child. The following are the key conditions employees must meet to take CFRA leave:

Covered employer: The employer must be subject to CFRA regulations. As of January 2021, CFRA applies to employers with five or more employees, including both private employers and public agencies. This expansion broadened the coverage to include more small businesses.

Eligible employee status: The employee seeking CFRA pregnancy disability leave must be eligible. To be eligible, the employee must have worked for the employer for at least 12 months (which do not have to be consecutive) and have worked at least 1,250 hours in the past 12-month period before taking CFRA leave.

Qualifying reason: CFRA pregnancy disability leave can be taken for specific family and medical reasons. These include:

- Birth of a child: CFRA pregnancy disability leave can be taken for the birth of an employee’s biological child, including surrogate childbirth.
- Placement of a child for adoption or foster care: Employees can take CFRA pregnancy disability leave for the placement of a child for adoption or foster care, either with the employee or with another person.
- Serious health condition: CFRA pregnancy disability leave can be taken when an employee is unable to work due to their own serious health condition, including pregnancy-related medical conditions that qualify as a serious health condition.
- Bonding leave: CFRA pregnancy disability leave can also be taken to bond with a new child within one year of the birth, adoption, or foster care placement. This allows employees to spend time caring for and developing a relationship with their new child.

Leave duration: Under CFRA, eligible employees are entitled to take up to 12 weeks of unpaid pregnancy disability leave within a 12-month period for qualifying reasons. The 12-week period can be taken consecutively or intermittently, depending on the employee’s needs and the employer’s agreement.

It is important to note that CFRA pregnancy disability leave runs concurrently with other applicable leave entitlements, such as pregnancy disability leave (PDL) or leave provided under the federal Family and Medical Leave Act (FMLA). This means that if an employee qualifies for both CFRA and another leave entitlement, the leaves will generally run concurrently.

By meeting these conditions, eligible employees in California can take advantage of CFRA pregnancy disability leave to care for their own health or bond with a new child without the fear of losing their job or facing adverse employment actions.

Who Pays for Pregnancy Disability Leave in California?

According to the California Department of Fair Employment and Housing, the state does not view pregnancy as a disability. Instead, in California, a woman must prove that she has a disability related to being pregnant that keeps her from performing her job. However, most women find it not difficult to prove that they have a disability related to their pregnancy, even if it is temporary. If the woman cannot accomplish the standard functions of her job, then she is considered to be “disabled” by the state.

For example, when a woman enters into one of the last stages of pregnancy, most doctors would agree that the individual:

Meets the conditions of disability
Should not be required to work

For example, it is usually problematic for a woman who is eight months pregnant to commute to her office and sit at the desk for 7-8 hours. This request would be an unrealistic expectation.

Additionally, these cases are judged individually, and pregnancy disability leave can be given to employees earlier than this based on multiple factors related to the pregnancy or the job itself. For example, some employers allow pregnant women to work from home for all or part of the week during the second half of their pregnancy. But, again, these decisions are often based on the individual’s health, the doctor’s recommendations, and the nature of the job.

Pregnancy-related health issues that some employers consider disabilities include:

High blood pressure related to the condition
Severe morning sickness
The birth itself and the recovery period
Atypical medical complications
Bed rest for healing that is doctor-recommended
End of pregnancy or loss of the child
Other conditions; there may be multiple

Women in California should have access to pregnancy disability leave for health conditions related to pregnancy if the health issues keep the individual from performing their job duties. Employers must remember that pregnancy is a physically and mentally stressful time for women and that all cases of pregnancy are different and should be treated as such.

However, female employees should also remember that when they ask for pregnancy disability leave, they may need proof of their disability. In many cases, a note from a doctor suffices.

Often, when women apply for pregnancy disability leave early in the process, their employer asks more questions. As a result, some employers may feel that the employee seeks to take advantage of the state’s rules. However, businesses do not have the right to challenge a women’s ability to take pregnancy leave. Above all else, each party should value the recommendations of the doctor and the medical records at hand.

What do employees need to do to get pregnancy disability leave?

To receive pregnancy disability leave in California, employees must take certain steps to ensure they receive the necessary accommodations and protections. While providing a 30-day notice is not explicitly required for pregnancy disability leave, it is generally advisable to provide reasonable notice whenever possible. The following steps are the necessary actions employees should take:

Determine eligibility: Employees should confirm their eligibility for pregnancy disability leave. This includes working for an employer with five or more employees and experiencing a pregnancy-related disability that is certified by a healthcare provider.

Communicate with the employer: It is important to inform the employer about the need for pregnancy disability leave and the expected duration of the leave. This communication should be made as soon as the employee becomes aware of the need for leave, although there is no specific legal requirement for a 30-day notice.

Provide medical certification: Obtain medical documentation from a healthcare provider certifying the existence of a pregnancy-related disability and the recommended duration of leave. This documentation should be shared with the employer to support the need for pregnancy disability leave.

Follow employer procedures: Some employers may have specific procedures or forms that need to be completed to request and document pregnancy disability leave. Employees should familiarize themselves with the employer’s policies and adhere to any required processes.

Maintain communication during leave: While on pregnancy disability leave, it is important to keep the employer informed about the progress of the leave, any changes in the anticipated return date, or any adjustments that may be needed. Maintaining open lines of communication helps facilitate a smooth transition back to work.

Seek additional benefits if applicable: Depending on the circumstances, employees may also be eligible for other benefits during their pregnancy and disability leave, such as paid family leave or other forms of paid time off. They should explore and apply for these benefits as needed.

Although providing a 30-day notice is not explicitly required for pregnancy disability leave, it is generally recommended to provide reasonable notice whenever possible. This gives the employer adequate time to plan for the employee’s absence and make any necessary arrangements to accommodate the leave.

By following these steps and effectively communicating with their employer, employees can ensure a smooth process for accessing pregnancy disability leave in California and receive the necessary support and accommodations during their pregnancy-related disability.

How long does pregnancy disability leave last in California?

In California, pregnancy disability leave can last for up to four months. This duration is applicable to eligible employees who experience pregnancy-related disabilities. It is important to note that the four-month period is a maximum limit, and the actual duration of leave may vary depending on the employee’s specific medical condition and the recommendations of their healthcare provider.

The duration of pregnancy disability leave does not need to be taken continuously. Employees have the option to take the leave intermittently, as needed, based on the advice of their healthcare provider. For example, an employee may take a few weeks off initially, return to work, and then take additional leave later if their medical condition requires it.

It is crucial for employees to discuss their specific needs with their healthcare provider and obtain appropriate medical documentation certifying the disability and the recommended duration of leave. This documentation will serve as the basis for determining the length of pregnancy disability leave and the employee’s entitlement to job protection and other benefits during their absence.

It is worth noting that while pregnancy disability leave provides up to four months of job-protected leave for pregnancy-related disabilities, additional leave may be available under other provisions, such as the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA). These provisions allow eligible employees to take unpaid leave for bonding with a new child or for the employee’s own serious health condition, including pregnancy-related issues. The duration and eligibility criteria for CFRA and FMLA may differ from pregnancy disability leave, so employees should consult the relevant laws and their employer’s policies for comprehensive information.

Overall, the four-month limit for pregnancy disability leave in California ensures that employees have adequate time to address their pregnancy-related disabilities, receive necessary medical care, and recover before returning to work.

Are employers required to grant pregnancy accommodations?

In California, employers have a legal obligation to grant reasonable accommodation requests made by pregnant employees. The state’s Fair Employment and Housing Act (FEHA) prohibits discrimination against employees based on pregnancy, childbirth, or related medical conditions and requires employers to provide reasonable accommodations to ensure equal employment opportunities.

When a pregnant employee requests an accommodation, the employer is required to engage in a good-faith interactive process with the employee. This process involves open communication and collaboration to determine the appropriate accommodations that can help the employee fulfill their job responsibilities while addressing their pregnancy-related needs.

The following are some key points regarding employer obligations for accommodating pregnant employees in California:

Reasonable accommodations: Employers are required to provide reasonable accommodations to pregnant employees unless it would pose an undue hardship on the business. Reasonable accommodations are modifications or adjustments to the work environment, job duties, or work schedule that allow the employee to perform their job without significant difficulty or risk to their health.

Interactive process: Employers must engage in an interactive process with the employee to determine the appropriate accommodation. This involves discussions between the employee, employer, and healthcare provider (with the employee’s consent) to understand the limitations or restrictions resulting from the pregnancy and identify possible accommodations.

Types of accommodations: Accommodations for pregnant employees can vary depending on individual needs. Examples may include modified work schedules, temporary transfer to a less physically demanding position, job restructuring, changes in duties or assignments, access to seating, additional breaks, or equipment modifications. The specific accommodation should be tailored to the employee’s medical condition and job requirements.

Undue hardship: Employers may deny an accommodation request if it would impose significant difficulty or expense (undue hardship) on the business. However, employers should thoroughly assess the situation before claiming undue hardship, considering factors such as the size and resources of the company, the nature of the requested accommodation, and available alternatives.

Documentation: Employers may request medical documentation from the employee’s healthcare provider to substantiate the need for the requested accommodation. However, employers should be mindful of the employee’s privacy rights and ensure that any medical information obtained is kept confidential.

Non-retaliation: Employers are prohibited from retaliating against employees for requesting or receiving accommodations due to pregnancy-related needs. Any adverse actions, such as demotion, termination, or negative treatment, based on a pregnancy-related accommodation request are unlawful.

It is essential for employers to be proactive in understanding and complying with their obligations to accommodate pregnant employees in California. Companies should contact our employment litigation attorney to learn more about engaging in the interactive process, providing reasonable accommodations, and fostering a supportive work environment; employers can promote inclusivity and ensure that pregnant employees can continue their employment with the necessary support and adjustments during their pregnancy.

Can a Doctor Extend Pregnancy Disability Leave?

When an employer extends pregnancy disability leave time, it is done for good reason and individually. However, many factors influence the amount of leave time afforded to an employee.

Since workers in California are afforded pregnancy disability leave only when they are unable to work in a safe capacity, their pregnancy disability leave time depends on the ability to perform their jobs reasonably and safely.

For example, some employees can only take 2-3 weeks of pregnancy disability leave based on their pregnancy circumstances and job duties. Some women can work for most of their terms. However, some women have more complicated pregnancies, can work from home, or work in an industry that makes being pregnant unsafe.

For example, a female construction worker would not be asked to report to a job site when pregnant, but she may be able to work in the construction firm’s office for part of her term if qualified.

The required pregnancy disability leave depends on the employee’s needs, work duties, overall health, and the doctor’s opinions.

What are different kinds of pregnancy leave and benefits in California?

California offers various types of pregnancy leave and benefits to support pregnant employees and new parents. These include job-protected pregnancy disability leave, the California Family Rights Act (CFRA), and State Disability Insurance (SDI). Notably, in January 2021, CFRA expanded its coverage to apply to employers with five or more employees, increasing its reach and ensuring more employees have access to protected leave.

Pregnancy Disability Leave

Pregnancy disability leave provides job-protected leave for employees who experience pregnancy-related disabilities. Eligible employees can take up to four months of pregnancy disability leave, allowing them to address pregnancy-related medical conditions and recover while maintaining their employment. During pregnancy disability leave, employers are required to continue providing group health coverage, including medical, dental, and vision benefits.

California Family Rights Act (CFRA):

CFRA provides eligible employees with pregnancy disability leave for specific family and medical reasons, including bonding with a new child. As of January 2021, CFRA applies to employers with five or more employees (previously 50 or more), thereby expanding coverage to more small businesses. Under CFRA, eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for the birth of a child, adoption, or foster care placement.

State Disability Insurance (SDI):

SDI is a state-run program that provides partial wage replacement to employees who are unable to work due to non-work-related disabilities, including pregnancy and childbirth. SDI offers temporary disability benefits for up to a maximum of four weeks before the expected due date and up to six weeks after delivery for a vaginal birth, or eight weeks for a Cesarean section. During this time, eligible employees receive a percentage of their wages to help offset the loss of income.

It is important to note that pregnancy disability leave under CFRA, and SDI may overlap and be used consecutively, depending on the circumstances and eligibility criteria. For example, an employee may take PDL for pregnancy-related disabilities, followed by CFRA leave for bonding with a new child, and receive SDI benefits during the disability period.

The expansion of CFRA in January 2021 to include employers with five or more employees reflects California’s commitment to providing job-protected leave to a broader range of employees, including those working for smaller businesses. This change ensures that more individuals have access to the benefits and protections offered by CFRA, fostering a more supportive environment for working parents and promoting work-life balance.

Overall, the combination of PDL, CFRA, and SDI in California provides pregnant employees and new parents with a comprehensive set of benefits and protections, allowing them to prioritize their health, bond with their child, and maintain financial stability during these significant life events.

What Does CFRA Cover?

In California, there is usually a four-month maximum cap on pregnancy disability leave. However, some women combine their pregnancy disability leave with other segments of employment leave, creating a longer time sequence. For example, some workers are entitled to pregnancy disability leave and a period of maternity leave granted by the California Family Rights Act (CFRA).

The CFRA does not protect all workers, but the Act currently applies to all businesses with five or more workers in California. This distinction means that unless an employee works at a small business with only a few employees, they can probably take advantage of CFRA leave if they:

Have been employed by their company for a minimum of 1250 hours over the last year
Have worked at the company for a minimum of one year

Employees who meet these parameters receive healthcare coverage through their jobs and only need to pay the required premiums.

Plus, workers who are disabled for over four months may be able to extend their leave under the FEHA’s accommodation rules or the provisions of the Americans with Disabilities Act.

In California, workers also may be able to find extended coverage and leave under the Short-Term Disability Insurance program (SDI), including wage replacement.

Only workers officially considered disabled can apply for benefits under SDI and must have a doctor who attests to permanently caring for them.

We know that multiple options are listed here and that navigating these different rules, acts and requirements grow complex. When individuals need help finding the best solution to problems with disability and pregnancy leave, they should contact an experienced attorney in California.

Can a Company Demote You for Being On Pregnancy Disability Leave?

In California, employees should be allowed to return to their employment after finishing their pregnancy disability leave. Understandably, many women worry that their pregnancy leave will complicate their job prospects, and some wonder if they will be allowed to return to their previous position. For example, a pregnant worker who was a project manager may go on leave, hand off some of the projects she was managing, and then feel she is “missing out” on her previous teams’ accomplishments. She might wonder: will she be able to be successfully reinstated?

In fact, some employers do not allow women with no pregnancy disability leave to return to their regular positions. These actions are in direct violation of pregnancy disability law.

Legally, it is not allowed for businesses to penalize a woman for pregnancy or taking leave. Therefore, when a woman’s pregnancy disability leave ends, she should be reinstated to her normal position and receive the same salary.

Are there exceptions to this law? Yes, if the employee is fired for a reason entirely separate from her pregnancy condition and her pregnancy leave. For example, when widespread layoffs impact an entire company, all employees—those on pregnancy disability leave and those in the office—may be affected.

We have, however, observed many employers who retaliate against pregnant workers and, worse, try to conceal their motives. For example, a dishonest employer may reference “reorganization” or “downscaling” to excuse their discriminatory practices against women who have recently given birth.

When workers are terminated because of their pregnancy or while on pregnancy leave, they should immediately contact an experienced lawyer because their rights were violated.

What is Newborn Bonding Leave?

Newborn bonding leave, also called “family bonding time leave,” is another way that California state law helps new families take leave from work immediately after the birth of a child.

Under this law, many employees can take up to 12 weeks off following the birth of a child, and California’s paternity leave law allows both men and women to take advantage of this policy.

However, paternity leave law is complicated in California, as it is linked to three laws:

The New Parent Leave Act
The Family and Medical Leave Act (FMLA)
The California Family Rights Act (CFRA)

Pregnancy leave can also be followed by maternity leave, and it is a myth that taking pregnancy disability leave reduces the time women can take for maternity leave. There is no relation between these two policies that women can and should take advantage of, as these are two separate types of leaves connected to unique state laws.

When women seek time off for their pregnancies, they should know that there are many legal ways to ask for and receive workplace accommodations. The key is for women—and men—to know the laws and policies related to pregnancy disability leave, maternity leave, and newborn bonding leave.

What is the California New Parent Leave Act?

The New Parent Leave Act applies to parents who are natural and adoptive, as well as foster parents. The Act also includes companies with over 20 employees, widening the range of coverage for parental leave. If workers fall into the following categories, they are covered:

They worked for at least one year for the same business
They worked a minimum of 1250 hours in the year before the parental leave

Additionally, the New Parent Leave Act helps workers maintain their health coverage and return to the same positions—with the same salaries—after the 12-week leave period.

The rationale for the New Parent Leave Act is simple: it allows new parents ample time to bond with their new child. This time is normally specified as after the woman takes advantage of her pregnancy disability leave; therefore, pregnancy disability leave does not change the employee’s ability to take maternity leave.

Pregnant women and their husbands often become confused regarding the various acts and policies surrounding maternity leave and pregnancy leave. While these policies, and the overlap of some of the laws, may seem complex, the goal is for women to be able to take time off when they give birth. Therefore, we recommend contacting an experienced attorney who can help new and expecting parents figure out the right path for their families.

Are employers required to reinstate pregnant employees?

In California, pregnant workers are entitled to automatic reinstatement to their former positions or to a comparable position after taking pregnancy-related leave. The state’s Fair Employment and Housing Act (FEHA) prohibits discrimination against employees based on pregnancy, childbirth, or related medical conditions and ensures their right to job protection and reinstatement.

Pregnant workers who take pregnancy disability leave or other leave covered under the California Family Rights Act (CFRA) are entitled to job protection. This means that employers must allow the employee to return to their former position or to a comparable position with the same pay, benefits, and terms and conditions of employment.

Upon the completion of pregnancy-related leave, employers are legally obligated to automatically reinstate the employee without requiring the employee to formally request or reapply for their position. If the employee’s former position is no longer available due to legitimate business reasons, such as reorganization or layoffs, the employer must offer a comparable position with similar responsibilities, compensation, and benefits. The comparable position should be equivalent in terms of status, location, and opportunities for advancement.

Employers are responsible for notifying employees of their rights to reinstatement and providing them with the necessary information and procedures for returning to work after their pregnancy-related leave. Employers should maintain open lines of communication with the employee throughout the leave period to ensure a smooth transition back to work.

Employers are prohibited from retaliating against employees for taking pregnancy-related leave or exercising their rights to reinstatement. Any adverse actions, such as demotion, termination, or negative treatment, based on an employee’s exercise of their rights are unlawful.

It is important for pregnant workers to be aware of their rights to automatic reinstatement and to communicate their intent to return to work in a timely manner. By understanding and asserting these rights, pregnant employees can ensure a seamless transition back to their employment, enabling them to resume their careers with the job protection they deserve.

If an employee encounters any issues or believes their reinstatement rights have been violated, they can seek legal recourse through the California Department of Fair Employment and Housing (DFEH) or consult with an employment law attorney to explore their options and protect their rights under the law.

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