March 14, 2023
California has some of the most extensive leave laws in the country. Therefore, as an employee in the state, you may be eligible for pregnancy disability leave.
What is pregnancy disability leave?
It is time off from work that a woman takes when she is disabled by pregnancy or childbirth. In the state of California, you can take pregnancy disability leave under two laws:
- Pregnancy Disability Leave Act
- Federal Family and Medical Leave Act
Pregnancy Disability Leave Act
This law provides up to 4 months of pregnancy disability leave. The exact amount depends on how many hours a week you work.
Your employer is covered by the PDL Act if he has at least five employees and is an agent of a covered employer or a government entity.
But what if I don’t need to take the four months of pregnancy disability leave at once?
The Pregnancy Disability Leave Act allows you to take pregnancy disability leave “intermittently” for a few hours, days, or weeks at a time.
Federal Family and Medical Leave Act
This provides up to 12 weeks of leave.
To qualify for pregnancy disability leave under FMLA, you must have a severe pregnancy-related health condition. Your employer must have also employed you for at least one year, and your employer must have at least 50 employees working within a radius of 75 miles from you.
Unlike the PDL Act, you can only take intermittent leave under FMLA if it is medically necessary.
If you are eligible for pregnancy disability leave under the PDL and the FMLA, your leave will run simultaneously. Unfortunately, this means that you will only get up to four months of total pregnancy disability leave under the PDL and FMLA.
Will I get paid while I’m on leave?
Generally, your employer is not required to pay you during your leave.
You may also be able to get some of the payment back through the California Disability Insurance Program (DI). The California DI program can pay part of your salary while you are temporarily disabled by pregnancy.