Pregnancy Disability Leave

Overview

The Fair Employment and Housing Act (FEHA), enforced by the California Civil Rights Department (CRD), contains provisions guaranteeing leave for employees disabled by pregnancy, childbirth, or a related medical condition (Pregnancy Disability Leave or PDL).  All employers must provide information about PDL to their employees and post information about pregnancy leave rights in a conspicuous place where employees tend to gather. A poster that meets this requirement is available from CRD. Employers who provide employee handbooks must include information about PDL in the handbook.

Consult an experienced employment law attorney regarding who is eligible to take the leave, when the leave may be taken, for how long, and other related questions.  

FAQ:

Q: What are the employer's obligation to accommodate the employee?

A:   Employers should consult with an experienced employment law attorney regarding its obligation to accommodate employees. ​

Q: What are the employee's obligations to use PDL?

A: Employees should consult with an experienced employment law attorney regarding its obligation to use PDL.​.

Q:  How much time off can an employee take under PDL?

A:  PDL is not for an automatic period of time, so employees should consult with an experienced employment law attorney regarding this issue.

 Q: What if the employee qualifies for PDL, CFRA, NPLA, and FMLA?
A: Employees should consult with an experienced employment law attorney to see if they may be entitled to take leave under each law—PDL, CFRA, NPLA, and FMLA—if they qualify. 

Q: Are transgender employees who have a pregnancy disability eligible for PDL and other reasonable accommodations?
A: Yes. Transgender employees who have pregnancy disabilities are entitled to all the same rights and accommodations afforded any other employee with pregnancy-related conditions.

Q: Can California employees be fired or otherwise punished for taking PDL or needing reasonable accommodation?
A: No. employers are not prohibited to terminate, punish, refuse to hire, harass, or discriminate against an employee for taking PDL or reasonable accommodation for the pregnancy-related condition.

Q: Can a California Employer require its employees to take PDL?
A: No. California employers may not force employees to take PDL. Even if an employee chooses to not take PDL, the employee is still entitled to reasonable accommodations for her pregnancy-related condition. 

If you have any further questions about California’s Pregnancy Disability Leave, or need additional information, please contact me for a FREE confidential consultation at (916) 333-4653 or Stephen_Fiegel_Esq@comcast.net.