Pregnancy Leave

Juggling a family and a job is stressful.  I frequently speak with men and women who are trying to balance job security with the demands of raising a family.  In this post I will review various regulations that relate to time away from work due to pregnancy.  Unfortunately for the well informed California Employee, the protections that exist vary depending on the type and size of your employer. 

California Pregnancy Disability Leave Law AKA “PDLL”

The PDLL requires employers who employ 5 or more employees to provide up to four months of leave to any employee who is disabled by their pregnancy.   The leave can be taken before, during, or after the birth of the child, or split into different time periods.  The employer is not required to pay any wages to the employee while out on leave; however the employer generally must hold the job open for the employee.  There is no length of service requirement for the PDLL meaning even recently hired employees are eligible for this leave. 

Paid Family Leave AKA “PFL”

Since 2004 California workers whose employer contribute to the State Disability Insurance (SDI) fund are entitled to six weeks of partial pay (usually about 55% of wages up to a maximum limit) each year while taking time off from work to: bond with a newborn baby, adopted or foster child; and care for a seriously ill parent, child, spouse or registered domestic partner.  This leave can be used in conjunction with other leave types available and is available to an employee starting day one of their employment. 

California Family Rights Act AKA “CFRA”

Leave under CFRA may be available if all of the following are true: (1) the employee has worked at least one year for their employer; (2) the employee has worked at least 1,250 hours in the past year, and (3) the employer has at least 50 employees working within 75 miles of the employee’s worksite.  If eligible as described above, an employee is able to take up to twelve weeks of leave in addition to the PDLL.  CFRA leave can be used to “care for a sick child, spouse, or parent with a serious health condition; or to care for a newborn child, newly adopted child, or foster child.”  As with PDLL this leave is without pay, however the employer is usually required to reinstate the employee to the same or similar position once the leave has ended. 

In addition to the leaves listed above, some employers have leave policies, and/or short term disability benefits that may cover some wages while a pregnant employee is out on pregnancy disability leave.  Depending on their medical condition and physician care, some pregnant employees may qualify for California State short term disability benefits (STI). For more information from the State of California on Pregnancy and employment go here.

As you see there are several leave types available for the pregnant California employee.  In addition to the basic information as described above, each leave type of a few other terms and conditions.  For information specific to your situation please call 619-234-3054 for a consultation.

Finally, it is illegal for any employer to treat you differently or punish you for taking pregnancy leave as described above. You generally have a right to be reinstated to your position upon return from your leave.  If you feel your employer is retaliating against you in any way for accessing pregnancy leave, call Gienapp Law, APC at 619-234-3054 for a free consultation.