Both federal and state laws protect California employees, including a law allowing a pregnant employee to have job-protected leave during temporary, pregnancy-related disability. While the federal employment law has more exemptions and only applies to employers with 20 or more employees, California’s employment law expands these worker protections. The state law protects those who work for employers with as few as five or more employees, but do these laws also protect an employee who works part-time?
Part-Time Employment and Pregnancy Disability Leave In California
An important aspect of California’s Fair Employment and Housing Act (FEHA) addresses anti-discrimination laws in the workplace, including discrimination against disabled persons and pregnant women. A key provision under FEHA is California’s Pregnancy Disability Leave (PDL) law, allowing job-protected, unpaid leave for pregnancy-related temporary disability, or disability during the postpartum recovery period. When describing employees eligible for this protection, the law states the following:
“Other than having a qualifying pregnancy-related disability, there are no tenure, hours, (or) other eligibility requirements, and full- and part-time employees are treated the same.”
In other words, a part-time employee also has the right to take up to four months of pregnancy disability leave in California, and to expect their job to be waiting for them when they return from leave. Part-time employees may also follow their PDL leave with up to 12 weeks of maternity leave under the California Family Rights Act (CFRA).
When Can a Part-Time Employee Take Pregnancy Disability Leave In California?
Just as a full-time worker, a part-time employee in California may take PDL when the performance of their job tasks becomes a health or safety risk due to a pregnancy-related medical condition, or after giving birth. Common medical conditions requiring PDL include the following:
- Gestational Diabetes
- Pre-eclampsia and high blood pressure
- Hyperemesis Gravidarum (HG), or severe, persistent morning sickness and vomiting
- Risk of premature labor and doctor-ordered bed rest
- Severe edema
- Debilitating back pain or pelvic girdle pain
- Anemia
- Placenta previa and other conditions that cause risk of bleeding or pregnancy loss
Pregnancy disability leave is also available to full or part-time employees after giving birth for the postpartum recovery period, after a stillbirth or miscarriage, and/or for postpartum depression.
An employer may legally require a medical certification from the pregnant employee’s doctor stating that the leave is medically necessary without disclosing a diagnosis or personal medical information.
Part-Time Employee Protections Under PDL in California
Pregnancy disability leave is unpaid, though an employee may use any accrued paid personal or sick days during their leave. The employer must maintain the employee’s benefits and seniority as though they had continued working during this time, including medical insurance and retirement benefits.
The law prohibits an employer from retaliating against the employee for taking job-protected leave, including prohibiting demotions, firing, reducing hours or wages, or creating a hostile work environment when the employee returns. Doing so leaves the employee eligible to file a complaint and seek compensation for their losses.
What Can a California Employment Lawyer Do For Me?
You don’t have to navigate California’s complex laws protecting your workplace rights alone, especially if an employer violates their legal responsibilities, such as making reasonable accommodations for pregnancy or allowing pregnancy leave for a temporary disability. Contact Sparrow Law Firm today to learn more about your rights and your legal options as a part-time employee in California.