California Pregnancy Disability Leave Attorney

California Pregnancy Disability Leave, commonly called PDL, provides protected time away from work when an employee is disabled by pregnancy, childbirth, or a related medical condition.

An employee may qualify when a health care provider determines that the employee is unable to perform one or more essential job functions without undue risk, cannot perform those functions because of pregnancy, or needs time away for pregnancy-related medical care.

PDL may be used for conditions and medical needs such as:

• Severe morning sickness
• Prenatal or postnatal medical appointments
• Pregnancy-related complications
• Gestational diabetes
• Pregnancy-induced hypertension
• Preeclampsia
• Bed rest ordered by a health care provider
• Childbirth
• Cesarean-section recovery
• Postpartum recovery
• Postpartum depression
• Pregnancy loss
• Another physical or mental condition related to pregnancy or childbirth

The appropriate amount of leave depends on the period during which the employee is actually disabled, as determined by the employee’s health care provider. California employees may be entitled to as much as four months of PDL per pregnancy.

Pregnancy Disability Leave generally applies when:

• The employer has five or more employees
• The employee is disabled by pregnancy, childbirth, or a related medical condition
• A health care provider recommends leave or another pregnancy-related accommodation

Unlike CFRA and federal FMLA leave, PDL does not require an employee to have worked for the employer for 12 months or completed 1,250 hours of service.

An eligible employee may therefore qualify for PDL immediately after beginning a job, provided the employer is covered and the employee has a qualifying pregnancy-related disability.

Part-time employees may also qualify. The four-month entitlement is calculated according to the employee’s normal work schedule rather than automatically equaling a fixed number of calendar days.

An eligible employee may take up to four months of Pregnancy Disability Leave per pregnancy.

The employee is entitled to the period during which they are actually disabled by pregnancy, childbirth, or a related medical condition. This does not mean every employee automatically receives four months. One employee may need several days or weeks, while another may require the full amount.

For an employee who normally works 40 hours per week, four months generally corresponds to approximately 17⅓ weeks. An employee who works a different schedule receives the equivalent of four months based on that regular schedule.

PDL may be taken:

• Before childbirth
• During childbirth and hospitalization
• During postpartum recovery
• In one continuous period
• Intermittently in hours or days
• Through a reduced work schedule

An employee may, for example, use PDL for prenatal appointments, reduce the number of hours worked each day, take several weeks of bed rest, and use additional leave for childbirth and recovery. California’s Civil Rights Department confirms that PDL may be taken intermittently rather than all at once.

An employee should notify the employer that leave or another workplace change is needed because of pregnancy, childbirth, or a related medical condition. The employee does not necessarily need to understand the law or use the precise term “Pregnancy Disability Leave” to raise a potentially protected need.

When the need is foreseeable, an employee should generally provide reasonable advance notice. Giving at least 30 days’ notice is recommended when practical. When the need is unexpected, notice should be provided as soon as reasonably possible.

An employer may request reasonable medical certification confirming:

• That the employee is disabled by pregnancy, childbirth, or a related condition
• The date the disability began or is expected to begin
• The anticipated duration of the leave or accommodation
• A description of the work restrictions or accommodation medically needed

The employer generally is not entitled to the employee’s complete medical history merely because pregnancy-related leave has been requested.

An employee may also request written confirmation that they will be reinstated after PDL. California’s Civil Rights Department states that the employer must provide a written guarantee of reinstatement to the same job when the employee requests one.

Pregnancy Disability Leave is not the only protection available. Some employees can continue working safely with a reasonable accommodation.

California law requires a covered employer to provide a reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition when the employee requests it with the advice of a health care provider.

Potential accommodations may include:

• More frequent rest breaks
• Additional bathroom breaks
• Permission to sit or use a stool
• Modified lifting requirements
• Temporary relief from strenuous tasks
• Reduced standing or walking
• Modified equipment
• Changes to workstations
• A modified schedule
• Time away for prenatal appointments
• Intermittent leave
• A temporary reduction in hours
• Remote work when appropriate
• Leave for pregnancy-related medical needs

The appropriate accommodation depends on the employee’s medical restrictions, essential job functions, and workplace circumstances.

An employer should not force an employee onto leave when a reasonable accommodation would allow the employee to continue working safely.

An employee may request a temporary transfer to a less strenuous or hazardous position when medically advisable because of pregnancy.

California law requires an employer to provide a temporary transfer when:

• The employee requests it
• A health care provider advises that the transfer is medically necessary
• The transfer can be reasonably accommodated

An employer is not ordinarily required to create a position that does not exist, discharge another worker, transfer an employee with greater seniority, or promote an employee who is not qualified. However, an employer cannot simply reject a medically supported transfer request without evaluating whether a suitable temporary position is available.

Once the pregnancy-related disability ends, the employer generally must return the employee to the original position. In limited circumstances, reinstatement to a comparable position may be appropriate.

An employer generally should not force an employee to take leave merely because the employee is pregnant.

Pregnant employees must be evaluated according to their actual ability to perform the job, with reasonable accommodations when required. An employer should not rely on stereotypes, assumptions, customer preferences, or concerns that a pregnant employee might become unable to work later.

Potentially unlawful conduct may include:

• Removing an employee from duties without a medical basis
• Placing an employee on involuntary leave despite their ability to work
• Cutting hours because of pregnancy
• Refusing to allow an employee to work while visibly pregnant
• Assuming the employee will be unreliable after childbirth
• Requiring a pregnant employee to meet medical standards not imposed on other workers
• Excluding the employee from travel, training, or client-facing work without justification
• Pressuring the employee to begin maternity leave earlier than medically necessary

An employee may voluntarily request leave or an accommodation, but the employer should not make that decision based on generalized beliefs about pregnancy.

A covered employer generally must maintain and pay for an eligible employee’s group health coverage during Pregnancy Disability Leave for up to four months over a 12-month period.

Coverage must generally be continued at the same level and under the same conditions that would have applied had the employee remained actively employed. The employee may still be responsible for the portion of premiums they normally paid while working.

An employer should not cancel health coverage merely because an employee took PDL.

If the employee later uses CFRA bonding leave, health coverage may also continue during that separate qualifying leave, subject to the requirements of the CFRA.

Pregnancy Disability Leave is generally job-protected but not automatically paid by the employer.

An employee may nevertheless receive compensation through:

• Accrued paid sick leave
• Accrued vacation or paid time off used at the employee’s option
• Employer-provided short-term disability benefits
• California State Disability Insurance
• Another applicable employer or government benefit program

An employer may require an employee to use available sick leave during PDL. The employer generally may not require the employee to use accrued vacation or PTO, although the employee may choose to do so.

When an employer provides paid leave for other comparable temporary disabilities, it must generally treat pregnancy-related disability consistently with those policies.

Wage-replacement benefits and job-protected leave are separate concepts. Receiving State Disability Insurance does not by itself guarantee that an employee’s job is protected, and taking protected PDL does not necessarily mean the employee will receive full wages.

Taking Pregnancy Disability Leave generally should not cause an employee to lose seniority or employment benefits earned before the leave began.

Whether an employee continues accruing additional seniority, vacation, or other benefits during PDL may depend on how the employer treats employees on comparable disability, sick, or vacation leave.

An employer cannot single out pregnancy leave for less favorable treatment than other comparable temporary disability leave. California’s Civil Rights Department explains that employees retain previously accumulated seniority and benefits and may continue accruing them when the employer permits accrual during comparable leave.

An employee who takes Pregnancy Disability Leave generally has the right to return to the same position held before the leave began.

Potential violations may include:

• Telling the employee that the position was filled during leave
• Requiring the employee to reapply for the job
• Returning the employee to a lower-paying position
• Assigning substantially different duties
• Reducing the employee’s hours or authority
• Moving the employee to an undesirable location or schedule
• Refusing to place the employee back in the original position after a temporary transfer
• Terminating the employee shortly before the expected return date

In limited circumstances, an employer may place the employee in a comparable position with equivalent pay, benefits, tasks, skills, and status. The employer may also defend a decision by proving that the employee would have been laid off or terminated for legitimate reasons unrelated to pregnancy or leave.

However, the employer cannot avoid reinstatement simply because keeping the position available was inconvenient or because another employee was hired to perform the work. California generally requires reinstatement to the same job following PDL, subject to limited exceptions.

Pregnancy leave rights can be confusing because several laws may apply to the same employee at different times.

Pregnancy Disability Leave and FMLA

When an employee is eligible for both PDL and the federal FMLA, pregnancy-related leave may count under both laws at the same time.

For example, an eligible employee who takes 10 weeks off because of pregnancy disability may use 10 weeks of PDL and 10 weeks of FMLA leave concurrently.

FMLA eligibility generally requires:

• At least 12 months of employment
• At least 1,250 hours worked during the preceding 12 months
• Employment at a location where the employer has at least 50 employees within 75 miles
• A covered employer

Eligible employees may receive job-protected FMLA leave for pregnancy-related incapacity, prenatal care, childbirth, and recovery.

Pregnancy Disability Leave and CFRA

CFRA generally does not treat disability caused by pregnancy, childbirth, or related medical conditions as leave for the employee’s own serious health condition.

As a result, PDL ordinarily does not reduce an eligible employee’s separate CFRA entitlement. After the employee is no longer disabled, they may be entitled to as much as 12 weeks of CFRA leave to bond with the new child. California law expressly treats PDL as separate from CFRA leave.

Potential Combined Leave

Depending on eligibility and the period of disability, a California employee may receive:

• Up to four months of Pregnancy Disability Leave
• FMLA leave running concurrently with part of the pregnancy disability period
• Up to 12 additional workweeks of CFRA bonding leave after the disability ends

Not every employee qualifies for every form of leave. Coverage depends on employer size, length of service, hours worked, medical circumstances, and prior leave usage.

After an employee is no longer disabled by pregnancy or childbirth, CFRA leave may provide additional time to bond with a newborn.

Eligible employees generally may use CFRA bonding leave within one year of the child’s birth. CFRA applies to employers with five or more employees, but the employee ordinarily must have:

• More than 12 months of service
• At least 1,250 hours of service during the previous 12 months

CFRA bonding leave is separate from PDL. Therefore, an employee who meets the eligibility requirements may take bonding leave after pregnancy disability leave rather than having both periods deducted from the same 12-week entitlement.

Baby-bonding leave is not limited to the parent who gave birth. Eligible parents may have equal bonding-leave rights regardless of sex or gender.

The end of the four-month Pregnancy Disability Leave entitlement does not always end the employer’s legal obligations.

Depending on the circumstances, the employee may qualify for:

• CFRA bonding leave
• Remaining FMLA leave
• Additional unpaid leave as a reasonable accommodation
• A modified schedule
• Remote work
• Temporary work restrictions
• Another accommodation under California disability law

California’s Civil Rights Department explains that an employee who remains disabled after using four months of PDL may still be entitled to a reasonable accommodation, potentially including additional leave.

An employer should not automatically terminate an employee merely because PDL has been exhausted. It may first have to engage in a timely, good-faith interactive process and determine whether an additional reasonable accommodation would enable the employee to return.

Pregnancy discrimination occurs when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, a related medical condition, or the possibility of becoming pregnant.

It may affect:

• Hiring
• Job assignments
• Compensation
• Promotions
• Training
• Performance evaluations
• Scheduling
• Benefits
• Discipline
• Layoffs
• Termination
• Other terms and conditions of employment

Examples may include:

• Refusing to hire a qualified applicant because she is pregnant
• Asking an applicant whether she plans to have children
• Passing over a pregnant employee for promotion
• Cutting hours after learning about the pregnancy
• Removing important accounts or responsibilities
• Making negative comments about maternity leave
• Denying opportunities based on assumptions about childcare
• Holding pregnancy-related absences against an employee
• Treating pregnancy restrictions less favorably than other temporary medical restrictions
• Pressuring an employee to resign
• Terminating an employee before leave begins or shortly after returning

An employer cannot lawfully make employment decisions based on stereotypes that a pregnant employee will be less committed, less capable, unreliable, or unlikely to return after childbirth

California law prohibits an employer from interfering with, restraining, or denying an employee’s exercise or attempted exercise of Pregnancy Disability Leave rights.

An employer also should not punish an employee for:

• Requesting PDL
• Asking for a pregnancy-related accommodation
• Requesting a temporary transfer
• Providing medical certification
• Taking time off for prenatal care
• Reporting pregnancy discrimination
• Opposing an unlawful leave practice
• Requesting CFRA bonding leave
• Participating in an
• investigation or legal proceeding

Potential retaliation may include:

• Termination
• Demotion
• Reduced hours
• Less desirable assignments
• Schedule or location changes
• Increased scrutiny
• Unjustified disciplinary action
• Negative performance reviews
• Exclusion from meetings or advancement opportunities
• Hostile treatment intended to make the employee resign

Retaliation may occur before leave begins, while an employee is away, or after the employee returns.

An employer cannot lawfully fire an employee because of pregnancy, the need for pregnancy disability leave, a request for an accommodation, or the use of protected leave.

However, PDL does not protect an employee from every employment action. An employer may be able to proceed with a legitimate layoff, facility closure, or termination that would have occurred regardless of pregnancy or leave.

The central question is often whether the stated reason was genuine or whether it concealed pregnancy discrimination or retaliation.

Warning signs may include:

• Strong performance reviews before the pregnancy was disclosed
• Discipline beginning soon after a leave or accommodation request
• Negative comments about staffing problems caused by pregnancy
• Pressure to return earlier than medically authorized
• A claim that the position was eliminated followed by the hiring of a replacement
• Employees on other medical leaves being treated more favorably
• Changing explanations for the termination
• Departure from normal disciplinary procedures
• Termination immediately before leave or soon after returning
• Management discussing the employee’s childcare obligations or commitment to work

California employees who return to work while expressing breast milk may have separate lactation-accommodation rights.

Employers generally must provide:

• A reasonable amount of break time each time the employee needs to express milk
• A private space shielded from view
• Protection from intrusion
• A location other than a bathroom
• A space reasonably close to the employee’s work area

Additional lactation time that does not run concurrently with an otherwise paid rest period may be unpaid.

An employer cannot require medical documentation establishing an employee’s need to express breast milk. Employees may also have claims when they are denied adequate break time or space or retaliated against for requesting lactation accommodations.

Pregnancy leave and discrimination cases often depend on the timing of requests, medical restrictions, employer communications, performance history, and the reason given for an adverse action.

Consider taking the following steps:

• Save emails, text messages, leave requests, and employer responses.
• Keep copies of medical certifications and work restrictions.
• Preserve performance reviews and disciplinary records.
  Request important leave and accommodation decisions in writing.
• Document comments concerning pregnancy, maternity leave, or childcare.
• Keep records showing changes to hours, duties, pay, benefits, or scheduling.
• Identify coworkers who witnessed relevant conversations or unequal treatment.
• Request a written reinstatement guarantee when taking PDL.
• Review any resignation, release, or severance agreement before signing.
• Contact an employment attorney promptly because filing deadlines may apply.

Do not take confidential, proprietary, or legally restricted materials that you are not authorized to possess.

The remedies available depend on the laws violated, the employer’s conduct, and the harm experienced by the employee.

Potential remedies may include:

• Lost wages
• Lost benefits
• Reinstatement
• Front pay when reinstatement is not appropriate
• Compensation for emotional distress
• Punitive damages when legally available
• Attorney’s fees and litigation costs when authorized
• Restoration of seniority or employment benefits
• Reasonable accommodations
• Other appropriate legal or equitable relief

A claim may involve pregnancy discrimination, leave interference, failure to accommodate, retaliation, wrongful termination, or several related violations.

No attorney can guarantee a particular recovery. The outcome depends on the evidence, financial losses, emotional harm, applicable law, and specific circumstances.

Pregnancy-related employment cases may involve several overlapping laws and distinct periods of leave. Determining what the employer should have provided requires a careful review of the employee’s medical restrictions, service history, workplace communications, and the timing of the employer’s actions.

The Kaufman Law Firm may assist by:

• Determining whether the employee qualified for PDL, FMLA, or CFRA leave
• Reviewing medical certifications and accommodation requests
• Evaluating whether the employer properly calculated available leave
  Investigating denial of leave or reinstatement
• Assessing temporary-transfer and accommodation issues
• Reviewing changes to health insurance, seniority, or benefits
• Investigating pregnancy discrimination and retaliation
• Evaluating whether additional leave should have been considered
• Reviewing severance agreements and releases
• Pursuing available relief through negotiation, administrative proceedings, or litigation

We examine the full sequence of events to determine whether pregnancy, leave, or a request for accommodation influenced the employer’s decisions.

The Kaufman Law Firm has protected the rights of California employees since 1993. Attorney Matthew A. Kaufman brings decades of employment law experience to cases involving pregnancy leave, pregnancy discrimination, disability accommodations, retaliation, and wrongful termination.

Clients turn to our firm for:

• Personalized attention from an experienced employment attorney
• Careful analysis of overlapping pregnancy and family-leave laws
• Thorough review of medical-leave and employment documentation
• Clear explanations of workplace rights and legal options
• More than $50 million recovered for clients
• Free initial case evaluations