NEWSLETTER
Women employed by California employers with five or more employees may take up to 4 months of pregnancy disability leave. If more leave is provided for other temporary disabilities, such must be given women disabled by pregnancy or childbirth.
A 4-month leave is the number of days the employee normally works in 4 months. There is no length of service required for pregnancy leave entitlement. A woman may use accrued vacation or other paid leave during that time period.
Leave before or after birth may be totaled in counting the 4 months. Pregnancy leave is required only when a woman is actually disabled, including time off for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and childbirth recovery.
A pregnant woman needn't be confined to her bed to be disabled. Generally, she must be unable to do one or more essential job functions without undue risk to others, herself, or successful completion of her pregnancy. The woman's physician decides if she is pregnancy-disabled.
Employers may require employees planning to take pregnancy disability leave to give at least verbal request for leave and the anticipated time and duration of the leave. If possible, employees must give at least 30 days' notice.
Employers must transfer employees to less hazardous or strenuous assignments if an employee's physician advises it and the request can be "reasonably accommodated." An employer need not create a position or displace another employee.
In granting pregnancy leave or transfer, an employer must guarantee reinstatement of the employee to her same position, in writing if requested. If the position is no longer available, such as after layoff, the employer may instead place her in a position "comparable" in pay, location, job content, and promotional opportunities, unless no comparable position exists.
Pregnancy leave is not a break in service for seniority purposes. If a woman wants to come back to work early, she must be reinstated within 2 business days of her notice of readiness to return.
Employers must give employees notice of pregnancy disability leave rights by posting a notice in a conspicuous place where employees congregate, provide a pregnant employee with a copy of such notice as soon as possible after learning of the pregnancy, and include a description of pregnancy disability leave in any employee handbook. Sample text that can be used for such a notice follows. (Source: 2 CCR 7291)
"Notice A" ... The text below contains the minimum requirements of the Fair Employment and Housing Act's provisions about pregnancy, childbirth, or related medical conditions. This notice is suitable for use by employers who have fewer than 50 employees and who are accordingly not subject to the California Family Rights Act or the federal Family and Medical Leave Act. Employers may develop their own notice or may select the text below, unless it does not accurately reflect their policy.
Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL). If you are affected by pregnancy or a related medical condition, you are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.
-- The PDL is for any period(s) of actual disability caused by your pregnancy, childbirth or related medical conditions up to four months (or 88 work days for a full time employee) per pregnancy.
-- The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis.
-- Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth would all be covered by your PDL.
-- Generally, we are required to treat your pregnancy disability the same as we treat other disabilities of similarly situated employees. This affects whether your leave will be paid or unpaid.
-- You may be required to obtain a certification from your health care provider of your pregnancy disability or the medical advisability for a transfer. The certification should include:
1) the date on which you become disabled due to pregnancy or the date of the medical advisability for the transfer;
2) the probable duration of the period(s) of disability or the period(s) for the advisability of the transfer; and
3) a statement that, due to the disability, you are unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself, the successful completion of your pregnancy or to other persons, or a statement that, due to your pregnancy, the transfer is medically advisable.
-- At your option, you can use any accrued vacation or other accrued time off as part of your pregnancy disability leave before taking the remainder of your leave as an unpaid leave. We may require that you use up any available sick leave during your leave. You may also be eligible for state disability insurance for the unpaid portion of your leave.
-- Taking a pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave, the impact of the leave on your seniority and benefits, and our policy for other disabilities, please contact:
"Notice B" ... The text below blends notice of both an employee's CFRA leave rights and pregnancy disability leave rights, and is suitable for use by employers with 50 employees or more. Any CFRA-covered employer whose workforce at any facility or establishment contains 10 percent or more of persons who speak a language other than English as their primary language must translate the notice into the language or languages spoken by this group or these groups of employees.
Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with us and have worked at least 1,250 hours in the 12-month period before the date you want to begin your leave, you may have a right to an unpaid family care or medical leave (CFRA leave). This leave may be up to 12 work-weeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse.
Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related medical conditions, you are entitled to take a pregnancy disability leave of up to 4 months, depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain rights to take BOTH a pregnancy disability leave and a CFRA leave for reason of the birth of your child. Both leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave, subject to any defense allowed under the law.
If possible, you must provide at least 30 days' advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for yourself or of a family member). For events which are unforeseeable, we need you to notify us, at least verbally, as soon as you learn of the need for the leave.
Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy.
We may require certification from your health care provider before allowing you a leave for pregnancy or your own serious health condition or certification from the health care provider of your child, parent, or spouse who has a serious health condition before allowing you a leave to take care of that family member. When medically necessary, leave may be taken on an intermittent or a reduced work schedule.
If you are taking a leave for the birth, adoption or foster care placement of a child, the basic minimum duration of the leave is 2 weeks and you must conclude the leave within 1 year of the birth or placement for adoption or foster care.
Taking a family care or pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave and/or the impact of the leave on your seniority and benefits, please contact:
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