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

Pregnancy disability leave (PDL) is time off work that a woman takes while disabled as a result of pregnancy or the birth of a child. In California, a worker in this situation is entitled to take up to 4 months of leave so long as she remains disabled. ¹

Pregnancy disability leave is generally unpaid – meaning the employer is not required to pay the worker while she is out on leave. But the employer is required to maintain any existing medical coverage and health benefits.²

Employees may also be entitled to post-childbirth leave under California’s leave laws for new parents.³

Eligibility Requirements

This type of leave is available in the state of California when two requirements are met:

• the employee is disabled by:
  • pregnancy,
  • childbirth, or
  • a related medical condition; and
• the employer is covered by California’s PDL law.⁴

A woman is disabled by her pregnancy if:

• in the opinion of her physician,
• she is unable to perform one or more of the essential job functions of her job
• because of her pregnancy.⁵

Covered Employers

Under California law, employers required to provide PDL include those:

• who regularly employ 5 or more people,
• who — whether a person or business — act as an agent of a covered employer, or
• who are state or local governmental entities.⁶

Certain religious nonprofit associations and corporations may not be considered “employers” for purposes of PDL.⁷

Note that employees in California are entitled to more pregnancy leave under state law (PDL) than under the federal Family and Medial Leave Act (FMLA). The CFRA (the California Family Rights Act) does not provide for pregnancy leave at all:

	PDL	CFRA	FMLA
Qualifying event	Pregnancy	Serious health condition not including pregnancy	Serious health condition, including pregnancy
Minimum size of employer	5 employees	5 employees	50 employees
Length of employment required	None	12 months and 1,250 hours over prior year	12 months and 1,250 hours over prior year
Maximum leave	4 months	12 weeks	12 weeks

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

• 1. What is pregnancy disability leave (PDL)?
• 2. What is a disability?
  • 2.1 What types of disabilities may qualify?
  • 2.2 Are part-time employees eligible for leave?
• 3. What employers must comply with California’s pregnancy disability leave law?
• 4. Will I be able to get my old job back after my leave?
• 5. Can I get paid during leave?
• 6. What if my company denies me pregnancy disability leave?
• 7. PDL versus CFRA and FMLA

1. What is pregnancy disability leave (PDL)?

Pregnancy disability leave (PDL) is:

• time off work that a woman takes,
• 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 the mother and the unborn baby when “mom” is unable to perform her “essential job functions.”⁸

2. What is a disability?

A disability-related to pregnancy exists when:

• in the opinion of her health care provider,
• the employee is unable to perform one or more essential job functions of her position,
• because of her pregnancy.⁹

At around week 36 of the pregnancy, it is very common for women to begin to experience issues that can rise to the level of a disability. Employers can ask employees for written medical certification from their doctor confirming that they have a disability.¹⁰

2.1 What types of disabilities may qualify?

There are many different types of issues that may cause pregnant employees to be unable to perform their job. Some of the most common examples are:

• severe morning sickness,
• doctor-ordered bed rest,
• diabetes (gestational),
• preeclampsia,
• post-partum depression,
• miscarriage,
• emotional recovery from miscarriage
• pregnancy-induced hypertension, or
• other serious health conditions.¹¹

This list is not exclusive. So long as the employee is unable to perform at least one essential job function, she is considered disabled under California law.¹² Note that employees should give their bosses at least 30 days advance notice if possible that they need PDL.¹³

2.2 Are part-time employees eligible for leave?

Yes. Unlike many other laws concerning leave, part-time employees are eligible for pregnancy disability leave. A minimum number of hours is not required in order to be eligible employees.¹⁴

Even brand new employees are eligible for leave if they have a disability.¹⁵

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.¹⁶

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.¹⁷

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

Female employees who take time off of work as a result of a pregnancy-related disability are entitled to:

• return to their same position (reinstatement); or
• be placed in a position comparable to their old position.¹⁸

Most employees are able to return to their prior position after their weeks or months of leave, but sometimes that is not possible.

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

If an employee is not given his or her exact same job back after leave, the position must be comparable. This “job protection” 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.¹⁹

In some cases, employees agree to be moved to a new position for their own reasons or because the new position offers:

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

4.2 Are there exceptions to this rule?

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

• there are mass layoffs occurring during the employee’s leave;
• the position was set to be eliminated at a preset time and is wholly unrelated to the employee 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.²⁰

5. Can I get paid during leave?

Under California state law, employers are not required to pay an employee during his or her leave in most circumstances. Whether employers offer paid leave or unpaid leave, they are required to maintain:

• full medical coverage, and
• all other health benefits.²¹

It is also possible, depending on the circumstances, that an employee could receive compensation from:

• California’s short-term disability insurance (SDI) program; or
• temporary disability pay (if the employee has it through his or her employer); or
• the employee’s accrued paid time off (PTO), such as for sick days (sick leave) and vacation pay.

If you are unsure about whether you qualify for California pregnancy disability leave, your employment attorney at the Shouse Law Group can help you get the leave rights and compensation you deserve.

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 can 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.
3. If the matter remains unresolved, you can 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.

7. 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-pay22

Helpful Links

• California Department of Fair Employment and Housing
• California Family Rights Act (CFRA)
• Family Medical Leave Act (FMLA)
• Employment Development Department (EDD)
• Fair Employment and Housing Act (FEHA)
• California State Disability Insurance program

---

Legal References