Pregnancy Disability – Pregnancy Law (Cal. Gov't Code 12945)

Covered Employers: Employers with 5 or more full or part-time employees

Employee Eligibility: All employees who are disabled by pregnancy, childbirth, or a related medical condition. There are no hours-worked or service requirements.

Entitlement: An employee disabled by pregnancy, childbirth, or a related medical condition, is entitled to 4 months (in other words, 17.33 weeks) of leave. This leave is measured per pregnancy, not per 12-month period. If the employer provides more than 17.33 weeks of leave for other types of temporary disability, the same leave must be made available to employees who are disabled due to pregnancy. For employees who work more or less than 40 hours per week, or who work on variable work schedules, the number of working days that constitutes 4 months is calculated on a pro rata or proportional basis.

Employer Notice: An employer must respond to the employee's request as soon as practicable, and in any event no later than ten calendar days after receiving the request. The employer shall attempt to respond to the leave request before the date the leave is due to begin. Approval shall be deemed retroactive to the date of the first day of the leave. An employer is also required to give an employee a copy of the California Pregnancy Disability Leave Notice as soon as practicable after the employee tells the employer of her pregnancy or sooner if the employee inquires about reasonable accommodation, transfer, or pregnancy disability leaves.

Employee Notice: An employer may require an employee who plans to assert rights under CA PDL to provide reasonable notice of the estimated timing and duration of the leave, reasonable accommodation, or transfer. If the need for leave is foreseeable, an employee must provide 30 days' notice of the date the leave will begin and the estimated duration. If 30 days' notice is not possible, the employee must give notice as soon as practicable. An employer may not deny leave due to lack of notice where the need for leave arises due to a change in circumstances, medical emergency, or other unforeseeable situation. The employee must consult with the employer and make a reasonable effort, subject to their health care provider's approval, to schedule any planned appointments or treatments to minimize disruption to the employer's operations. (Note: the Absence product does not have an automated way of identifying whether enough notice was given, because it is impossible to identify in the system whether the employee could foresee their need for leave, and if so, when they knew they would need leave.)

Obligation to provide certification or documents supporting the need for leave: Employees may be required to submit medical certification. The employer must, within two days of the employee's request for leave, notify the employee of the need to provide medical certification, provide the employee with a copy of any required certification form and the deadline for providing the completed form, explain what constitutes sufficient medical certification, and explain the consequences for failing to provide sufficient medical certification.

Paid: No. An employer is not required to pay an employee during pregnancy disability leave unless the employer pays for other temporary disability leaves for similarly situated employees. The employee may use accrued vacation or other accrued paid time during the leave. The employer may require the employee to use, or the employee may choose to use, accrued sick leave during any unpaid portion of the leave. Employees may also be eligible for State Disability Insurance payment.

Benefits: The employer must maintain and pay for health care coverage at the same level as though the employee did not take leave.

Reinstatement: Upon granting the pregnancy disability leave, the employer shall guarantee to reinstate the employee to the same position, or if justified by certain exceptions, to a comparable position.

Other Important Definitions/Requirements: Leave can be used intermittently or on a reduced work schedule as well as continuously. The leave can be used for pregnancy, childbirth or related medical conditions, including pre-natal visits and postpartum depression.

Relationship with Other Leave: (a) Employees are entitled to take pregnancy disability leave in addition to any leave entitlement under the California Family Rights Act (California Pregnancy Disability Leave does not run concurrently with leave taken under the California Family Rights Act). (b) An employer may be able to count the employee’s pregnancy disability leave, up to a maximum of 12 weeks, against her FMLA entitlement. Cal. Code Regs. Tit. 2 §§ 7291.12(a).

Absence Specifications