Pregnancy is a time of joyous anticipation as you await your new baby’s arrival, but it’s also a period of tremendous changes to your body. A typical prenatal examination schedule requires at least 15 visits to monitor the mother’s physical changes and the baby’s development. Appointments typically occur monthly until 28 weeks, then every two weeks between 28 and 36 weeks, and finally, at least once per week until delivery. There may be more appointments for medically complex or high-risk pregnancies.
Pregnancy requires significant time dedicated to prenatal care, but what are the options for leave for medical care during pregnancy?
Taking Pregnancy Disability Leave for Prenatal Appointments In California
California has substantial protections in place for pregnant women in the workforce. Under these protections provided by the Fair Employment and Housing Act (FEHA), limiting someone’s employment opportunities due to their pregnancy or retaliating against them for the accommodations required for their pregnancy is discrimination.
A crucial right under FEHA is the right to take Pregnancy Disability Leave (PDL). PDL allows up to four months of unpaid leave for California workers, provided their employer has at least five employees.
While it’s common to consider PDL as a four-month block of unpaid leave allowed for an employer experiencing a complication or pregnancy-related disability, PDL can also be taken as intermittent time off, including for prenatal appointments.
Many employees use their accrued sick days or paid personal days for paid time off for medical appointments, but if you’ve exhausted your paid days off or prefer not to use them, you may use PDL for job-protected time off for medical appointments throughout your pregnancy. A pregnant woman may also use PDL intermittently for days when morning sickness and other uncomfortable pregnancy symptoms make it difficult to go to work.
Reasonable Accommodations for Prenatal Visits
An important aspect of protected pregnancy rights in the workplace is the right to reasonable accommodations. Just as California law protects disabled people in the workforce who require reasonable accommodations to perform their jobs, the law considers pregnancy a temporary disability, extending the right to reasonable accommodations to pregnant employees. Under this protection, a pregnant employee may ask for a flexible work schedule to accommodate their prenatal appointments without fear of repercussions. Key to the right to reasonable accommodations and pregnancy disability leave is the provision that an employer may not retaliate against the pregnant employee. In other words, the employer may not reduce the employee’s wages or hours, deny them promotions and training opportunities, demote them, or wrongfully terminate their employment.
What If I Can’t Afford Unpaid Leave for Prenatal Appointments?
While PDL allows job-protected time off for prenatal appointments, PDL is unpaid leave. Losing paid work hours can quickly add up and cause significant financial anxiety. One option to address this issue is to request State Disability Insurance (SDI) benefits. As the state considers pregnancy a temporary disability, a pregnant employee who takes unpaid leave from work can partially replace their lost income with SDI benefits. You are eligible for benefits if your paycheck includes SDI deductions, typically listed on your pay stub as CA-SDI in California. SDI pays 70% to 90% of your typical weekly pay, capped at $1,681 per week.
How Can a California Employment Attorney Help Me?
As an employee in California, you not only have the rights and protections under federal law through the Civil Rights Act, but also expanded rights under FEHA, which make these protections available to a greater number of employees. Call or contact Sparrow Law Group online to learn more about your rights and obligations for leave time during pregnancy.