California’s robust employee protections extend to pregnant women in the workforce, prohibiting workplace discrimination against pregnant employees, requiring employers to make reasonable accommodations when necessary, and protecting a pregnant employee’s job position and health benefits during pregnancy-related medical leave in cases of temporary pregnancy-related disability. The Pregnancy Disability Leave Law (PDL) in California is an important aspect of the state’s Fair Employment and Housing Act (FEHA).
What Are an Employer’s Requirements Under PDL In California?
Pregnancy Disability Leave is a portion of FEHA enforced under California’s Civil Rights Department. PDL in California apples to any California employer with five or more employees, including part-time workers. PDL requires employers to meet the following obligations:
- Allowing an employee up to four months of job-protected leave time for pregnancy-related disability per pregnancy.
- Employees may take leave time either before or after giving birth.
- PDL is available to an employee who isn’t physically able to work due to their pregnancy, a pregnancy-related medical issue, or who needs time off for appointments, prenatal or postnatal care, severe morning sickness, medically necessary bed rest, childbirth, childbirth recovery time, pregnancy loss, or any other pregnancy-related disability.
- An employer may not terminate a pregnant worker’s job while they are on pregnancy disability leave, and must reinstate the employee into the same position upon their return from PDL within two days of the employee’s stated intention to return, unless the employer and employee have a pre-agreed-upon return date, or if the employee changes their intended return date.
- While an employee may choose to use their sick leave pay or paid time off during PDL, an employer cannot compel their employee to use the paid time off during PDL.
- An employer must continue to provide the employee’s health insurance benefits during their PDL.
Pregnancy disability leave does not protect California employees from layoffs or non-pregnancy-related job loss.
What Are the Employee’s Obligations Under the Pregnancy Disability Leave Law?
Employees have rights in California, including the right to pregnancy disability leave when required; however, they also must meet specific obligations, including the following:
- Except in cases of emergency medical conditions or a change in health circumstances, a pregnant employee must give their employer 30 days of advance notice for PDL.
- The employer has the right to ask for confirmation of a pregnant employee’s disability through a certification from the employee’s medical provider, along with an estimation of the likely duration of the leave; however, the medical provider does not have to disclose the employee’s diagnosis or share personal medical information with the employer unless the employee consents to the disclosure.
The employer must allow up to four months of PDL for a pregnant employee for each pregnancy. The pregnant employee may take their four months of disability time all at once or intermittently. For instance, an employee with severe morning sickness may use some of their allotted PDL for days they feel ill, or a pregnant employee who requires bed rest to prevent a premature delivery may take their PDL time all at once to accommodate their required time off.
How Can a California Employment Lawyer Help My Case?
If your employer has five or more employees in California, you have the right to pregnancy disability leave with the full expectation of job protection and continued benefits. In addition, California’s employment laws prohibit an employer from retaliating against a pregnant employee who asserts their right to PDL.
Contact Sparrow Law Group today to learn more about your rights under California’s comprehensive employee protections, including the right to pregnancy disability leave.