Criminal Defense Lawyers

Pregnancy Disability Leave in California – Who is Entitled to PDL?

Pregnancy Disability Leave in California – Who is Entitled to PDL?

CONGRATULATIONS! You’re pregnant and expecting a new addition to your family. This is an exciting time filled with joy and anticipation. But it can also be a time of uncertainty, especially when it comes to your job and taking time off for your pregnancy.You may be wondering – what are my rights to pregnancy leave in California? How much time can I take off? Will my job be protected while I’m out on leave? These are all important and valid questions.At Spodek Law Group, we understand the stress and confusion that can come with navigating pregnancy leave laws. That’s why we’re here to help. Our experienced employment law attorneys have assisted countless women in understanding and exercising their right to Pregnancy Disability Leave (PDL) in California.In this article, we’ll break down everything you need to know about PDL – from who is eligible, to how much time you can take, to what protections you have under the law. With our guidance, you can take the leave you need with confidence and peace of mind.

What is Pregnancy Disability Leave (PDL)?

First, let‘s define what we’re talking about. Pregnancy Disability Leave, or PDL, is a type of unpaid leave that pregnant women in California are entitled to take if they are unable to work due to pregnancy, childbirth, or a related medical condition.PDL is part of the California Fair Employment and Housing Act (FEHA), which prohibits discrimination based on sex, including pregnancy. Under the FEHA, if you are “disabled by pregnancy, childbirth, or related medical condition,” you have the right “to take a leave for a reasonable period of time not to exceed four months and thereafter return to work.”So in simple terms, PDL allows you to take up to four months off work for pregnancy-related disabilities, with the right to return to your same job afterwards. It‘s important to note that PDL is separate from maternity leave or bonding time with your baby – it is specifically for periods when you are unable to work due to pregnancy or childbirth.Some common pregnancy-related conditions that may qualify you for PDL include:

• Severe morning sickness
• Gestational diabetes
• Pregnancy-induced hypertension
• Preeclampsia
• Postpartum depression
• Recovery from childbirth

If you suffer from any of these conditions or others related to your pregnancy that prevent you from performing your job duties, you likely qualify for PDL. The key is that you must be “disabled” by the pregnancy – meaning you are unable to perform your essential job functions without undue risk to yourself, your pregnancy, or others.

Who is Eligible for PDL in California?

Now that we know what PDL is, let’s talk about who can take it. The good news is that PDL eligibility is quite broad in California. **If you work for an employer with five or more employees, you are entitled to take PDL.**There are no minimum hours or length of service requirements for PDL eligibility. You are covered from your first day on the job, even if you are part-time or temporary. The only other requirement is that you must work in California – out of state employees are not covered by PDL.It’s important to understand that PDL is a right, not a privilege. Your employer cannot deny you PDL if you qualify, and they cannot retaliate against you for taking it. This means they cannot fire you, demote you, cut your pay, or take other adverse actions because you took pregnancy leave.If your employer does violate your PDL rights, you have legal recourse. You can file a complaint with the California Department of Fair Employment and Housing or consult with an employment attorney like those of us at Spodek Law Group to discuss your options.

How Much Leave Can You Take Under PDL?

So now that you know you’re probably eligible for PDL, your next question is likely – how much time can I actually take off? The answer is up to four months per pregnancy.The four month leave period is defined as the number of days you would normally work within four calendar months. For most women working full-time, five-day-per-week schedules, this equates to 88 working days or 17 1/3 weeks.However, your actual PDL entitlement may be longer or shorter depending on your normal work schedule. For example:

• If you work 40 hours per week, you are entitled to 693 hours of PDL (40 hours x 17 1/3 weeks).
• If you work 20 hours per week, you are entitled to 346.5 hours of PDL (20 hours x 17 1/3 weeks).
• If your schedule varies from week to week, your PDL is calculated on a pro rata or proportional basis.

You can take your four months of PDL intermittently or all at once, depending on your medical needs. For example, you may need to take a few days off per month for severe morning sickness, then a longer chunk of time off leading up to and after childbirth.Your health care provider will help certify the amount of leave you need based on your individual pregnancy-related disability. They will provide you with a medical certification indicating your limitations and the duration of leave required.

Is PDL Paid or Unpaid?

By default, PDL is unpaid leave. Your employer is not obligated to pay you during your pregnancy disability leave. However, you may have other sources of wage replacement during this time.Many women utilize California State Disability Insurance (SDI) benefits while on PDL. SDI provides partial wage replacement – typically 60-70% of your normal wages – for up to 52 weeks if you are unable to work due to disability, including pregnancy.To receive SDI, you must file a claim with the Employment Development Department and have your health care provider certify your disability. **SDI is funded through employee payroll deductions, so you do not need to enroll separately – if you’ve been paying into SDI, you can access those benefits.**In addition to or in lieu of SDI, you may be able to use accrued paid time off during your PDL. If your employer provides paid sick leave, vacation time, or PTO, you can choose to use that during your pregnancy leave. Your employer may also require you to use your paid leave concurrently with PDL.Some employers also provide paid maternity or pregnancy disability leave as an employee benefit. This is not required by law, but is becoming more common especially in competitive industries. If your employer does offer paid leave, you should absolutely take advantage of that during your PDL.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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What Other Protections Do You Have During PDL?

In addition to job protection and potential wage replacement, there are a few other key protections you have during your pregnancy disability leave:

1. Benefits Continuation

If your employer provides health insurance, they must continue your coverage during your PDL at the same level and under the same conditions as if you were still working. You will still be responsible for your normal share of premiums, but your basic coverage cannot be dropped while you are on leave.

2. No Retaliation or Discrimination

As mentioned earlier, your employer cannot retaliate against you in any way for taking PDL. This means they cannot use your leave as a negative factor in employment actions like hiring, promotions, or job assignments. They also cannot harass you, create a hostile work environment, or otherwise discriminate against you for being pregnant or taking leave.

3. Reasonable Accommodations

Even if you don’t need full PDL, your employer is required to provide reasonable accommodations to allow you to continue working during your pregnancy. This may include things like modifying your work duties, providing more frequent breaks, or allowing you to work from home. Your employer must engage in a good faith interactive process with you to determine appropriate accommodations.

4. Right to Reinstatement

When you return from PDL, you have the right to be reinstated to the same or comparable position you held before. Your employer cannot use your leave as an excuse to demote you, cut your pay, or give away your job. The only exception is if your job has been eliminated for legitimate business reasons unrelated to your leave.

How Does PDL Interact with Other Types of Leave?

PDL is not the only type of leave you may be entitled to during your pregnancy. Depending on your situation, you may also qualify for:

• Family and Medical Leave Act (FMLA): Federal law that provides up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including pregnancy. FMLA runs concurrently with PDL.
• California Family Rights Act (CFRA): State law similar to FMLA that provides up to 12 weeks of unpaid, job-protected leave for family and medical reasons. As of 2021, CFRA leave can be taken separately from PDL for baby bonding.
• Paid Family Leave (PFL): California program that provides up to 8 weeks of partial wage replacement for employees who take time off work to bond with a new child or care for a seriously ill family member. Can be taken after PDL ends.

The interaction between these different types of leave can be confusing. In general, you want to maximize your total leave time and protections by stacking the leaves strategically. An experienced employment attorney can help you navigate this process and ensure you are getting the full leave benefits you are entitled to.

What Should You Do if You Need to Take PDL?

If you think you may need to take Pregnancy Disability Leave, the first step is to notify your employer. It’s best to provide at least 30 days advance notice when possible, but if your need for leave is unforeseeable, notify them as soon as practical.You will need to provide a medical certification from your health care provider indicating your need for leave and the estimated duration. **Your employer may have specific forms for you to use, or you can obtain a generic certification form.**We recommend consulting with an employment attorney before notifying your employer of your need for leave. **An attorney can help you understand your rights, craft an appropriate leave request, and make sure your job is properly protected while you are out.**At Spodek Law Group, our experienced attorneys are well-versed in California’s pregnancy leave laws. We can guide you through every step of the PDL process, from notifying your employer to transitioning back to work after baby. Our goal is to give you peace of mind and allow you to focus on this special time, while we handle the legal details.

Don’t Face Pregnancy Leave Alone – Call Spodek Law Group

Navigating pregnancy leave laws can feel overwhelming, especially when you are already dealing with the physical and emotional demands of pregnancy. You don’t have to face this alone. With the help of our skilled attorneys, you can confidently take the leave you need and protect your job.If you have any questions about your right to Pregnancy Disability Leave in California, we are here to help. Call our office today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation.