PREGNANCY LEAVE PROTECTIONS
PREGNANCY DISABILITY LEAVE
A covered employer must provide up to four months (16 weeks) of unpaid disability leave for a woman actually disabled due to pregnancy, childbirth, or a related medical condition, based upon her treating health professional's medical opinion. However, if the employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to woman who are actually disabled by pregnancy, childbirth or related medical conditions. This leave can include time for prenatal care, severe morning sickness, doctor-ordered bed rest, actual childbirth and recovery after childbirth or a miscarraige. Pregnancy leave need not be taken all at one time; it may be used in increments as the need arises. For example, a woman may use pregnancy leave early in the pregnancy for severe morning sickness, come back to work, then utilize the remaining leave for the actual childbirth and recovery time.
A woman need not be completely incapacitated or confined to bed in order to qualify for pregnancy leave, but generally, a woman must be unable to perform one or more of her essential job functions of the job without undue risk to herself or her unborn child.
Typically, a woman undergoing a normal pregnancy is disabled for six weeks, while a woman undergoing a C-section is disabled for an additional 2 weeks (8 weeks total). The amount of time a woman is actually disabled depends of course on the individual pregnancy and the opinion of the woman's treating medical provider.
It is the woman's choice when she may utilize pregnancy leave in consultation and advice of her medical provider; it is illegal for the employer to unilaterally determine when a woman's pregnancy leave begins or ends, or interfere with a woman's right to pregnancy leave.
While the leave itself is unpaid, an employer must continue an employee's accrued vacation, sick leave and medical benefits while they are on pregnancy disability leave.
If you believe that your employer has denied you your right to pregnancy disability leave, has interfered with your right to pregnancy leave, or is requesting you take pregnancy disability leave at any particular time, you may be entitled to damages. Contact Elisa W. Ungerman for a case analysis.
WHO IS COVERED?
Under California state law, any employer with 5 or more employees must provide pregnancy disability leave as set forth above. Under federal law (Title VII), the employer must have at least 15 employees to be covered.
CALIFORNIA FAMILY LEAVE
In California, a woman taking Pregnancy Disability Leave is also entitled to CFRA (California Family Rights Act) leave if she works for a covered employer and meets the eligibility criteria. CFRA leave can be used for baby bonding, as well as bonding with an adopted or foster child, or to care for a parent, spouse, or child with a "serious health condition".
Eligible employees are entitled to 12 weeks of unpaid CFRA leave, during which time an employee's medical benefits are continued without any additional cost to the employee. The leave may be taken intermittently, but must be taken in a minimum block of two weeks except on any two occasions.
The law requires that employees planning to utilize CFRA leave provide the employer reasonable notice of their request for leave based on a CFRA-qualifying purpose. Generally, short of an emergency, notice should be given not less than 30 days prior to when the employee wishes to start the leave.
WHO IS COVERED?
For CFRA leave, employers who have 50 or more employees within a 75 mile radius, excluding religious associations and non-profit organizations; and
employees who have worked for such an employer for 12 months and 1,250 hours (roughly 25 hours/week/year - or 8 Months of full time employment).
The federal equivalent, FMLA (Family Medical Leave Act), has the same eligibility requirements but does not exclude religious associations and non-profit organizations. It allows for only 12 weeks of unpaid leave, which can be used for both disability and baby-bonding leave.
If you qualify and believe that your employer has denied you your right to CFRA or FMLA leave, has interfered with your right to CFRA or FMLA leave, or is requesting you take CFRA or FMLA leave at any particular time, you may be entitled to damages. Contact Elisa W. Ungerman for a consultation.
TAKE ACTION
If you believe you have been the victim of employment-related discrimination, harassment or denial of leave rights, you must file a complaint with the California Department of Fair Employment and Housing generally within one year of the offending conduct or loose your right to pursue legal action.
For further information and complaint forms go to:
It is recommended that you confer with a qualified employment attorney before filing a complaint with any governmental agency.