Pregnancy and California Employment Laws
California’s employment laws protect pregnant employees. These laws are a staple for California’s employment and labor lawyers. Here is an overview of the key statutes:
Leave Rights for Pregnant Employees under CA Law
Before childbirth, the California Pregnancy Disability Leave Law (“PDLL”) provides up to 4 months of leave for employees disabled by pregnancy.
| |
What Protections does PDLL Provide? |
| |
|
|
|
| |
• |
Transfer rights. An employee may request a temporary transfer to a less strenuous or hazardous position based on the advice of a physician. |
| |
|
|
| |
• |
Job Protections. Following pregnancy disability leave, an employee has the right to return to the same position held before the leave unless (1) the position no longer exists or (2) the employer can establish that returning an employee to the same position would undermine its ability to operate the business safely and efficiently. |
| |
|
|
| |
Who is an eligible employee under PDLL? If an employer has more than 5 employees, then they are covered by the PDLL. These employers must: |
| |
|
|
| |
• |
Provide leave to pregnant employees up to 4 months due to pregnancy, childbirth or related medical conditions; and |
| |
|
|
| |
• |
Accommodate a pregnant employee's disabilities. |
| |
|
|
| |
Other Important things about PDLL: |
| |
|
|
| |
• |
Unlike FMLA leave, there is no length of service requirement. |
| |
|
|
| |
• |
“Leave” can include intermittent leaves or a reduced work schedule. |
| |
|
|
| |
• |
This applies to part-time employees know if the time calculations are different. |
| |
|
|
| |
• |
PDLL and FMLA leaves run concurrently. However, PDLL and CFRA leaves do not run concurrently. |
| |
|
|
| |
Who is disabled under PDLL? “Disability” under PDLL includes, if in her health care provider's opinion, she is: |
| |
|
|
| |
• |
Unable to work; |
| |
|
|
| |
• |
Unable to perform essential job functions; or |
| |
|
|
| |
• |
Risks herself, others, or the pregnancy by working. |
| |
|
|
| |
• |
Disability includes severe morning sickness and time off for prenatal care. |
After childbirth, California employee can take up to 12 weeks of leave under the California Family Rights Act (“CFRA”). If an employee is eligible for CFRA, she can take up to 12 weeks 12 weeks "for reason of the birth of her child.” See our page on CFRA for more about that statute.
If you want representation regarding your pregnancy issue at work, give us a call or send us an email. Do not hesitate to contact us.
Should always rely on the advice of competent attorney or lawyer first and California employment law before making conclusions about your problem. This page is not intended to be a complete discussion of pregnancy disability issues. The law on this topic is complex, has many nuances and is constantly evolving. You should get the help of a knowledgeable and experienced attorney before analyzing your pregnancy issue in employment.
If you want to learn more, check out the sources below. We list the sources below only to provide a broad overview of the law.
On PDLL, search California Government Code §12945(a). Also check out the Department of Fair Employment’s publication “DFEH-186.” (This links to the pdf document.)
On CFRA, check out the explanation of leave rights at the California Fair Employment and Housing Commission's website.
Read more on Pregnancy Discrimination here.
About The Kaufman Law Firm
litigating on behalf of thousands of employees
The Kaufman Law Firm is a California employment law firm that's dedicated to representing employees in disputes against their employers. Matthew A. Kaufman is an experienced labor lawyer and has had numerous trials, arbitrations, and appeals, and has litigated on behalf of thousands of employees. He's recovered millions of dollars on behalf of clients in more than 100 class action lawsuits.
Mr. Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. Determined and aggressive, his cases include individual disputes and class action lawsuits. The law firm is based in Sherman Oaks, California and serves greater Los Angeles, Orange County, Ventura County and has cases statewide.
If you need experienced representation by an employment lawyer who will fight passionately for your rights, please contact Mr. Kaufman at 818-990-1999 or Email Here.
|
