Pregnancy Disability Leave (PDL)
California law provides protection for pregnancy-related disabilities. An employee can take up to four months of protected leave. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition. The California law further defines pregnancy as a disability when “A woman is disabled by pregnancy if, in the opinion of her health care provider, she is unable (because of pregnancy) to work at all or is unable to perform any one or more of the essential functions of her job or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons."
Under Pregnancy Disability Leave, if an employee has no complications with her pregnancy, she could be entitled to a pregnancy leave period of approximately six weeks (or eight weeks depending on the type of delivery), as most doctors would deem this period to be disability-related. However, in some instances, the leave could be extended to a longer period of time.
Once the PDL is over, then the employee can apply for a maternity leave under CFRA. This will be another 3 months of leave in addition to the 4 months of disability leave.
In order to benefit from the protection of pregnancy disability leave, the employee has to inform her employer either in writing, or verbally, about her need for an accommodation or leave. The employee should also provide a doctor’s note describing the type of leave or accommodation that she needs.
What is the maternity leave?
California law provides family leave to new parents for up to 12 weeks of unpaid leave. The unpaid maternity leave protects the job of an employee. In order for the employer to provide maternity leave, the employer must have at least 5 employees, AND an employees who has worked 12 months prior to obtaining her leave and has worked at least 1250 hours will be eligible for this leave. It does not matter if the employee is part-time or full-time, seasonal or permanent. The same protection applied also when the employee is hired through a staffing agency.
The maternity leave is often unpaid and there is no obligation for the employer to pay the employees. However, Paid Family Leave (PFL) provides benefit payments to people who need to take time off work to:
- Care for a seriously ill family member.
- Bond with a new child.
- Participate in a qualifying event because of a family member’s military deployment.
If eligible, you can receive benefit payments for up to eight weeks. Payments are about 60 to 70 percent of your weekly wages earned 5 to 18 months before your claim start date. You will choose your benefit payment option when you file your claim. Paid Family Leave is paid by the State of California and not the employer.
Discrimination?
An employer is not supposed to interfere with Pregnancy disability leave or maternity leave under CFRA. These would be considered discrimination in the following situations:
- Being terminated while on maternity leave;
- Being denied the protection of leave;
- Being demoted upon return back to work after maternity leave;
- Returning to a position with a lower pay;
- Treated differently because pregnancy leave was requested;
The basic requirement of maternity leave protection is that the employer must guarantee the protection of the same position or similarly same position. If you have been victim of maternity leave discrimination, or if your employer is treating you differently because of your pregnancy, please reach out to our team of Los Angeles attorney at Employment Rights Lawyers.
