California's Fair Employment and Housing Act (FEHA)
is very protective of expectant mothers and contains provisions relating to pregnancy leave. These laws apply to employers with five or more employees. Even if an employer does not have five (5) employees, we may still be able to help you. It is illegal for employers to discriminate in terms of compensation, vacation, benefits, conditions of employment, or
privileges of employment because of a pregnancy.
Leave Requirements
An employee disabled by pregnancy is entitled to
up to four months disability leave. This leave
can be taken before or after birth of the child or at any time the woman
is physically unable to work because of pregnancy or a
pregnancy-related condition. All leave taken in connection with a
specific pregnancy counts toward computing the four-month period. Pregnancy
leave is available when a woman is actually disabled. This includes
time off needed for prenatal care, severe morning sickness,
doctor-ordered bed rest, childbirth, recovery from childbirth, or any
related medical condition. If an employee is disabled as
the result of a condition related to pregnancy, childbirth, or
associated medical conditions and requests reasonable accommodation
upon the advice of her health-care provider, an employer must provide
reasonable accommodation. Many employers fail in their duty to provide reasonable accommodation.
As an accommodation, and with documentation from a physician, an employee can obtain less strenuous or
hazardous positions during her pregnancy. Employees
are entitled to take pregnancy disability leave in addition to any
leave entitlement they might have under CFRA. For example, an employee
could take four months pregnancy disability leave for her disability,
and 12 weeks CFRA leave to bond with the baby; to bond with an adopted
child; or to care for a parent, spouse, or child with a serious health
condition. CFRA leave may also be taken for the employee’s own serious
health condition. For more information, see DFEH-188 “California Family Rights Act.” If
possible, an employee must provide her employer with at least 30 days
advance notice of the date for which the pregnancy disability leave is
sought or transfer begins and the estimated duration of the leave.
Salary and Benefits During Leave
Employers who provide health insurance coverage
for employees who take leave for non-pregnancy-related, temporary
disabilities must provide coverage for employees who take leave for
pregnancy, childbirth or related medical conditions. An
employer may require an employee to use her accrued sick leave during
any unpaid portion of her pregnancy disability leave. The employee may
also use vacation
leave credits to receive compensation during an
otherwise unpaid portion of her pregnancy disability leave. An employer
may not require an employee to use vacation leave or other accrued time
off during pregnancy disability leave.
Return Rights
After a pregnancy disability leave or transfer,
employees are guaranteed a return to the same position and can request
the guarantee in writing.
If her same position is no longer available, such
as in a layoff due to plant closure, the employer must offer a position
that is comparable in terms of pay, location, job content, and
promotional opportunities, unless the employer can prove that no
comparable position exists.