California laws that apply to pregnancy and maternity leave include the California Pregnancy Disability Leave Law (PDL) and the California Family Rights Act (CFRA). Each law provides for different aspects of pregnancy, childbirth, and the essential time spent with your new baby.
The specific law allowing for time off during pregnancy is the PDL law, and it may also apply if you need extra time off after childbirth. Thus, what would normally be regarded as “maternity leave,” spanning the time shortly before the birth and the time thereafter, is a combination of CFRA and PDL leave.
PDL covers more than this “maternity leave” period. Under certain circumstances, you can also use it in the earlier stages of your pregnancy. This article focuses on PDL as a type of leave you may take during pregnancy.
What Pregnancy Leave Can You Take?
In California, the provision for PDL is in the Fair Employment and Housing Act (Cal. Govt. Code §§ 12900-12996). It allows up to four months of pregnancy disability leave that you can take if necessary.
The operative word is “disability,” in other words, PDL applies to any time you are unable to work because of your pregnancy or need to recover your health after you have given birth. PDL does not count as part of your CFRA entitlement. This is a 12-week entitlement that allows you to bond with your baby after their arrival.
Supposing you have a difficult pregnancy and childbirth, this may entitle you to up to 4 months of PDL plus 12 weeks of leave under the CFRA. To claim PDL, you will have to submit a medical certificate in which your doctor indicates that you are unable to work. PDL also applies to time you need to take off for prenatal checkups.
Under What Circumstances Are You Entitled to PDL?
The Civil Rights Department of California confirms that all employers with more than five employees must allow for PDL. Unlike leave taken under the CFRA, which only entitles you to leave if you have worked for your employer for more than 12 months, there is no tenure requirement. Part-time employees have the same right to PDL as full-time employees.
Typically, with the exception of short bouts of time off for morning sickness and medical checkups, PDL begins four weeks before the expected birth of your child. It will also cover you for up to six weeks after the birth or eight weeks if you have to undergo a C-section. This may leave you with a few more weeks or days you can take after the birth if needed.
Doctors may recommend more time off before the birth in certain circumstances. For example, a doctor may feel that an expectant mother needs bed rest. PDL allows you protected time off so that you can follow doctors’ orders.
Can You Lose Your Job Because You Took PDL?
While it will be important to communicate properly with your employer and provide medical certificates to show you need pregnancy leave, you may not be fired because you took PDL. If you suspect your employer of pregnancy discrimination or unfair dismissal, get advice from a lawyer with experience in this area.