California Pregnancy Disability Leave Law 2024 Explained

Frank S. Clowney III

One of the most exciting times for any family is welcoming a new addition. Unfortunately, it can also be filled with significant concerns for many employees in the workplace. The California Pregnancy Disability Leave law plays a vital role in addressing these concerns for pregnancy leaves granted to eligible employees. It ensures that pregnant employees are able to prioritize their health and their child’s well-being without fear of retaliation or job loss.

California’s Pregnancy Disability Leave Law

California’s Pregnancy Disability Leave (PDL) law allows employees who become disabled by pregnancy, childbirth, or a pregnancy-related medical condition to take leave from work. Under the PDL those who are eligible may take up to four months of unpaid leave per pregnancy in order to allow time for recovery or address other health problems related to their pregnancy and delivery.

The primary purpose of this law is to ensure pregnant employees are not discriminated against in the workplace based on their pregnancy or retaliated against for taking necessary leave. Employees who are eligible for PDL include:

  • Individuals working full-time or part-time for an employer with at least five employees.
  • Employees who have become disabled due to pregnancy, childbirth, or a medical condition related to pregnancy. Related conditions can include postpartum depression, loss or end of pregnancy, severe morning sickness, medically prescribed bed rest, or recovery.

PDL does not have any additional eligibility requirements for employees to be able to take this leave. If employees can notify their employer in advance when they want to take their leave, they should do so. It is, however, understandable that circumstances often change, and medical emergencies can happen. If an employee cannot notify their employer of leave in advance, they should do so as soon as possible.

Employers also have certain key legal obligations under PDL, and they must be diligent in complying with them. These include:

  • Job protection. Once an employee’s PDL has ended, their employer is required to reinstate them to the same position or an equivalent one.
  • Free from discrimination or retaliation. Employers cannot legally discriminate or retaliate against pregnant employees for taking PDL. This includes taking adverse actions such as pay cuts or demotions.
  • Continued health benefits. If an employer was providing a pregnant employee with health benefits, they must continue to provide them with the same benefits during their leave.
  • Documentation and notice. Employees have specific rights under PDL, and employers are obligated to provide them with that information.
  • Reasonable accommodations. If a pregnant employee can continue their work with reasonable accommodations, their employee must provide those accommodations if requested.

These are just a few of the benefits that pregnant employees can benefit from under the Pregnancy Disability Leave. There are additional benefits that your human resources department or insurance representative can help you identify.

Interaction With Other Leave Options

In addition to this protected leave, there are other protections in place to ensure that California employees can put themselves and their families first. These include:

  • Family and Medical Leave Act. FMLA provides job protected leave for medical and family needs. If an employee is eligible for FMLA, they may be able to take both PDL and FMLA simultaneously.
  • California Family Rights Act. After their PDL leave has ended, employees may be able to take CFRA leave to bond with their child, but the two cannot be taken concurrently. CFRA can run concurrently with FMLA.
  • Paid Family Leave. Employees may be able to receive partial wage replacement with PFL. It allows new parents to take time off to bond with or care for their child and receive some form of compensation during that time.

California understands the value of employees and has enacted several ways to protect them. With a strong workforce, the economic infrastructure of the state thrives.

Potential Challenges of PDL

There are several challenges that may come up for employees when dealing with PDL. The fact that PDL is not paid leave can be a big issue for individuals who don’t have the option of wage replacement through other benefits. It can also be difficult to coordinate different benefits. Employees may run into problems navigating multiple benefits programs and leave laws, especially when they are trying to maintain job protection and maximize financial support.

It is important to seek assistance from an employment attorney who is familiar with the pregnancy leave laws and benefits in California.

FAQs

Can I Be Paid While on Pregnancy Disability Leave?

Pregnancy disability leave is not a form of paid leave, but employees may choose to use paid leave they have accrued as compensation. An employee on pregnancy leave may also be able to obtain other benefits, such as Paid Family Leave or State Disability Insurance. It is important for those who do need such supplements to investigate their options or speak with an employment lawyer who can inform them of their options for paid leave.

What Is the Difference Between Pregnancy Disability Leave and FMLA?

There are a few key differences between Pregnancy Disability Leave and FMLA that employees should be aware of in California. The most apparent difference is that FMLA is a federal law, while PDL is specific to the state of California. If you are considering either of these programs, you should consult with your human resources department, a representative from your insurance, or an employment lawyer who can identify which may be right for you.

Can I Be Terminated While on Pregnancy Disability Leave?

You cannot be terminated while on pregnancy disability leave. It is illegal in California for an employer to retaliate against an employee in any way for taking PDL, which is a legal right. Employees on pregnancy leave have assured job security and are fully entitled to return to their work position once their leave has ended. This does not, however, ensure employees are protected from potential unrelated layoffs.

Is Pregnancy Disability Leave Covered by Employers in California?

Pregnancy Disability Leave is covered by employers in California. Employers are required by law to provide their eligible employees with job-protected pregnancy leave. This leave can be for a variety of pregnancy-related issues or medical conditions. Earning a wage while on this leave may not be covered; however, discussing this leave with your employer can help you identify the course for still receiving pay.

Consult With The Law Office of Frank S. Clowney III

Our employment attorneys can give you more information about the Pregnancy Disability Leave law in California. If you have questions about your rights under the PDL law or need help addressing a pregnancy leave related problem, we are here to assist you. Contact our experienced team today to discuss your situation and learn how we can help with your concerns.