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    Employment Law Divison

    Pregnancy Disability Leave in California – Who is Entitled to PDL?

    California’s Pregnancy Disability Leave (PDL) laws allow you to take up to four months of unpaid, job-protected leave if you develop a pregnancy- or childbirth-related condition that prevents you from working.

    Your employer must maintain any existing medical coverage and health benefits, and you may also be entitled to post-childbirth leave under the California Family Rights Act (CFRA).

    Pregnancy Disability Leave (PDL) Fact Sheet
    Covered employers California companies with at least five employees
    Covered employees Any employee of a covered employer, whether full-time or part-time, who is disabled by pregnancy, giving birth, or a related medical issue
    Maximum amount of leave 4 months
    Job protection Reinstatement to former job or a comparable job
    Compensation None other than a continuation of your health care benefits

    Below, our California employment and labor lawyers will answer the following frequently asked questions (faqs):

    1. What is pregnancy disability leave (PDL)?

    Pregnancy disability leave (PDL) is:

    • time off work that you take,
    • as a result of a pregnancy-related disability,
    • for as long as the disability continues.

    This period of time off of work is designed to protect the health of you and your unborn baby when you are unable to perform your “essential job functions.”

    PDL is a maximum of four months, and you do not have to take it all at once. So if your disability is intermittent, you can use your leave during only those periods when you are disabled.1

    2. What is a disability?

    A disability-related to pregnancy exists when:

    • in the opinion of your health care provider,
    • you are unable to perform one or more essential job functions of your position,
    • because of your pregnancy.2

    In our experience, we see female employees begin to experience issues that can rise to the level of a disability at around week 36 of their pregnancy. Employers can ask you for written medical certification from your doctor confirming that you have a disability.3

    What types of disabilities qualify?

    There are many different types of issues that may cause you to be unable to perform your job. Some of the most common examples we see are:

    • severe morning sickness,
    • doctor-ordered bed rest,
    • diabetes (gestational),
    • preeclampsia,
    • post-partum depression,
    • miscarriage,
    • emotional recovery from miscarriage
    • pregnancy-induced hypertension,
    • prenatal or postnatal care, or
    • other serious health conditions.4

    This list is not exclusive. So long as you are unable to perform at least one essential job function, you are considered disabled under California law.5

    Keep in mind that pregnancy-related disabilities extend to childbirth and recovery. As long as there are no complications, new mothers typically remain disabled for the purposes of PDL for about six weeks after a vaginal birth and eight weeks after a Caesarean birth (“c-section”).6

    What if I am part-time?

    Unlike many other laws concerning leave, part-time employees are eligible for pregnancy disability leave. A minimum number of hours is not required.7

    We have had clients that were brand new employees, and they were still eligible for PDL after developing a disability.8

    Doctor examining pregnant woman for qualifying disabilities for PDL.

    For many heavily pregnant women, even sitting at a desk for eight hours in a workday is too taxing.

    3. What employers are covered by California’s pregnancy disability leave law?

    California employers are required to provide pregnancy disability leave if:

    • the employer regularly employs 5 or more people;
    • the employer is a person or business who is an agent of a covered employer; or
    • the employer is a state or local governmental entity.9

    Certain private religious associations or corporations organized for profit are not considered employers under the law. As a result, they are not required to provide pregnancy leave.10

    4. Will I be able to get my old job back after my leave?

    If you take time off of work as a result of a pregnancy-related disability, you are entitled to:

    • return to your same position (reinstatement); or
    • be placed in a position comparable to your old position.

    Furthermore, you can ask your boss to guarantee your job protection in writing.11

    From what we see, most employees are able to return to their prior position after their weeks or months of leave.

    4.1 What happens if I am moved to a new position?

    If you are not given your exact same job back after leave, the position must be comparable. This means:

    • the same hourly rate or salary;
    • the same benefits;
    • similar or identical duties;
    • similar experience and education requirements; and
    • no “demotion” as part of the change.12

    We have also had cases where clients returning to work from leave agreed to be moved to a new position for their own reasons or because the new position offered:

    • better benefits,
    • higher pay, or
    • other beneficial opportunities.

    4.2 Are there exceptions to this rule?

    In limited circumstances, you can be laid off during pregnancy disability leave.5 These include situations where:

    • there are mass layoffs occurring during your leave;
    • the position was set to be eliminated at a preset time and is wholly unrelated to you being on leave; or
    • there is no comparable position available.

    These exceptions are strictly limited. California law sets forth strong protections for employees who take leave, and exceptions to the right to take leave are rare. Guaranteeing job protection to pregnant employees may be inconvenient for employers, but fortunately California law prioritizes employees over employers.13

    5. Can I get paid during leave?

    Under California state law, employers are not required to pay you during your pregnancy disability leave in most circumstances. However, they are required to maintain:

    • full medical coverage, and
    • all other health benefits.

    Note many of our clients are able to receive compensation from:

    • California’s short-term disability insurance (SDI) program (you must have earned at least $300 in your base period that was subject to SDI withholding; for 2023, the weekly cap is $1,620).
    • Paid Family Leave (PFL) (depending on your income, you receive up to 70-90% of your weekly wages – ranging up to a maximum weekly benefit of $1,681 – for up to eight weeks).
    • Temporary disability pay (if you have it through your employer).
    • Your accrued paid time off (PTO), such as for sick leave (which your employer can force you to take during pregnancy leave) and vacation leave (which your employer cannot force you to take during pregnancy leave).14

    6. What if my company denies me pregnancy disability leave?

    If your employer is denying you the pregnancy disability leave that you are entitled to under California law, you may consider:

    1. Communicating with your employer in attempt to settle the matter without getting third parties involved.
    2. If your employer still refuses to give you leave, you usually have three years from the violation to file a complaint with California’s Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC), which will investigate the matter and attempt to resolve it for you. Otherwise, they will give you a “right-to-sue” letter.
    3. If the matter remains unresolved, you have one year from receiving the “right to sue” letter to file a civil lawsuit against your employer seeking such damages as:
      • back pay and/or reinstatement to your job if you were terminated;
      • compensatory damages for any out-of-pocket expenses you incurred, including pain and suffering; and
      • possibly punitive damages.

    Here at Shouse Law Group, we have represented countless women who were denied the pregnancy disability leave they were owed. We typically bypass the CRD/EEOC complaint process by requesting a “right to sue” notice right away, allowing us to send a strongly-worded demand letter to your employer in anticipation of bringing a lawsuit.

    In most cases, we can resolve the matter through negotiation alone. Though if necessary, we can – and have – taken these matters to court and achieved substantial financial settlements for our clients. Just be sure to contact us as soon as possible so the applicable statute of limitations does not run.

    Note that your employer is not allowed to retaliate against you (such as by demoting you or firing you) for taking PDL or for filing a complaint. If they do, we can sue for back pay, reinstatement, and any other applicable damages.15

    7. How do I request PDL?

    If possible, give your employer at least 30 days notice if you need pregnancy disability leave. Otherwise, let your employer know as soon as possible. You can request PDL verbally, though it usually makes sense to submit a written request that conveys:

    • when the PDL will start
    • how long the PDL will last
    • why you need PDL
    • perhaps a recounting of your job duties, so your employer knows what they have to do in your absence
    • perhaps your contact information in case your employer needs to reach you

    Your employer may request a “medical certification” by your doctor confirming that you are disabled by your pregnancy. Your employer can also ask you questions about it to determine whether you qualify for PDL.16

    8. What other types of maternity leave are available?

    8.1. Baby-bonding leave

    Once your pregnancy disability leave (PDL) is over, you may be eligible to take up to 12 weeks of “baby-bonding leave” (also called “family leave”) right away. So if you took all four months of PDL and 12 weeks of baby-bonding leave, you would have seven months total of leave.

    You are entitled to baby-bonding leave through CFRA (short for the California Family Rights Act) if:

    • your employer has at least five employees, and
    • you were employed for at least 12 months by your employer prior to starting your leave, and
    • you worked for your employer for at least 1,250 hours during the 12-month period before your CFRA leave date.

    CFRA is California’s version of FMLA (the Family and Medical Leave Act). Note that CFRA applies not only to bonding with a baby you gave birth to; you can also take CFRA leave to bond with an adopted child or a foster child.

    Similar to PDL, CFRA leave can be taken intermittently as long as it is done within one year of your child’s birth, adoption, or foster placement. Each period of CFRA leave must be at least two weeks, except that you are allowed two occasions to take CFRA leave for less than two weeks.

    Also similar to PDL, CFRA guarantees that you can return to your job (or a comparable one). If you missed training that makes you unqualified for your old job, you must have a reasonable opportunity to get up to speed.17

    8.2. Reasonable accommodation leave

    Once you use up your PDL and baby-bonding CFRA leave – and if you need more time off for treatment and/or recovery – you may be eligible for “reasonable accommodation leave.” You must initiate an “interactive process” with your employer to determine if your employer can make accommodating changes that allow you to go to work or if more leave is necessary.

    In practice, reasonable accommodation leave is rare. Usually employers prefer to make job accommodations (such as allowing more desk work or remote work) instead of having their workers continue to stay home on leave.18

    Expecting mom cradling belly while taking PDL.

    PDL allows a soon-to-be mother who becomes disabled to take supplemental time off of work for prenatal care.

    9. PDL versus CFRA and FMLA

    The following table summarizes how pregnancy leave benefits differ under Pregnancy Disability Leave (PDL), the California Family Rights Act (CFRA), and the Family and Medical Leave Act (FMLA).

    PDL CFRA FMLA
    Size of company 5 or more employees 5 or more employees. 50 or more employees
    Length of employment to obtain leave No minimum required 12 months and 1,250 hours over prior year 12 months and 1,250 hours over prior year
    Qualifying event Pregnancy, childbirth, and related medical conditions Serious health condition (which does not include pregnancy) Serious health condition (which includes pregnancy)
    Maximum leave 4 months 12 weeks 12 weeks
    Compensation Unpaid Unpaid Unpaid
    Group health insurance during leave Yes Yes Yes
    Job protection Yes Yes Yes
    Notice to employer 30 days if possible 30 days if possible 30 days if possible
    Other accommodations Intermittent leave, time off for medical appointments, and reduced work hours Intermittent leave Intermittent leave if medically necessary
    Can employer require doctor’s note? Yes Yes Yes
    Statute of limitations to file complaint 3 years 3 years 2 years (3 years if employer acted willfully)
    Mediation required? No Yes, if employer has 5 to 19 employees No
    Emotional distress & punitive damages available? Yes Yes No, but economic damages include a doubling of back-pay19

    Helpful Links

    Legal References

    1. 2 CCR 11042. Sanchez v. Swissport, Inc. (Court of Appeal of California, Second Appellate District, Division Four, 2013) 213 Cal. App. 4th 1331. Cal. Code of Regs., tit. 2 § 11042.
    2. Cal. Code of Regs., tit. 2, § 11035(f).
    3. 2 CCR 11305.
    4. Cal. Code of Regs., tit. 2, § 11035(f).
    5. Cal. Code of Regs., tit. 2, § 11035(f).
    6. See note 1.
    7. 2 CCR 11037.
    8. Same.
    9. 2 CCR 11305.
    10. See California Government Code 12926.
    11. 2 CCR 11043. Bareno v. San Diego Community College Dist. (Court of Appeal of California, Fourth Appellate District, Division One, 2017) 7 Cal. App. 5th 546.
    12. Same.
    13. Same.
    14. See 2 CCR 11039. Gov. Code § 12945, 12945.2, Cal. Code Regs., tit. 2 § 11044, Unemp Ins. Code 2655, 3301.
    15. Gov. Code § 12960, 12965, 12940.
    16. See note 21. Cal. Code Regs., tit. 2, § 11091, 11050.
    17. Gov. Code, §§ 12945.2, 12945.6. Cal. Code Regs., tit. 2, §§ 11046, 11088–11090.
    18. Gov. Code § 12940, 12926, 12926.1, 12945, Cal. Code Regs., tit. 2 10068. Nealy v. City of Santa Monica (2015) 234 Cal.App.4th 359. Sanchez v. Swissport, Inc. (2013) 213 Cal.App.4th 1331. Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215. Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935. Gelfo v. Lockheed Martin Corp. (2006) 140 Cal.App.4th 34 (“In addition to a general prohibition against unlawful employment discrimination based on disability, FEHA provides an independent cause of action for an employer’s failure to provide a reasonable accommodation for an applicant’s or employee’s known disability.”). Jensen v. Wells Fargo (2000) 85 Cal.App.4th 245 (“Holding a job open for a disabled employee who needs time to recuperate or heal is in itself a form of reasonable accommodation and may be all that is required where it appears likely that the employee will be able to return to an existing position at some time in the foreseeable future.”)
    19. Gov. Code § 12945.2; Gov. Code § 12945; Cal. Code Regs., tit. 2 §11087; Cal. Code Regs., tit. 2 § 11035 & 11037; Cal. Code Regs., tit. 2 § 11090; Cal. Code Regs., tit. 2 § 11042; Cal. Code Regs., tit. 2 §11092; Cal. Code Regs., tit. 2 § 11044; Cal. Code Regs., tit. 2 § 11089; Cal. Code Regs., tit. 2 § 11043; Cal. Code Regs., tit. 2 § 11091; Cal. Code Regs., tit. 2 § 11050; 29 U.S.C. § 2611; 29 C.F.R. § 825.110; 29 U.S.C. § 2612; 29 C.F.R. § 825.701; 29 C.F.R. § 825.113; 29 C.F.R. § 825.202(c); 29 U.S.C. § 2612(e)(1); 29 U.S.C. § 2617(a)(1); 29 U.S.C. § 2614(a)(2); C.F.R. §825.209(h); 29 C.F.R. § 825.214 & 825.216; 29 U.S.C. § 2641(a)(4); 29 C.F.R. § 825.306.

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