PREGNANCY
DISABILITY
LEAVE
FACT SHEET
The Fair Employment and Housing
Act (FEHA), enforced by the California
Civil Rights Department (CRD), contains
provisions guaranteeing leave for
employees disabled by pregnancy,
childbirth, or a related medical condition
(Pregnancy Disability Leave or PDL).
All employers must provide information about
PDL to their employees and post information
about pregnancy leave rights in a conspicuous
place where employees tend to gather. A poster
that meets this requirement is available on CRD’s
“Posters, Brochures and Fact Sheets” webpage
(www.calcivilrights.ca.gov/Posters/). Employers
who provide employee handbooks must include
information about PDL in the handbook.
LEAVE REQUIREMENTS
• An employee disabled by pregnancy, childbirth,
or a related medical condition is entitled to up to
four months of disability leave per pregnancy. If
the employer provides more than four months of
leave for other types of temporary disabilities, the
same leave must be made available to employees
who are disabled due to pregnancy, childbirth, or
a related medical condition.
• Leave can be taken before and after birth during
any period of time the employee is physically
unable to work because of pregnancy or a
pregnancy-related condition. All leave taken in
connection with a specic pregnancy counts
toward computing the four-month period.
• PDL is available when an employee is actually
disabled. This includes time off needed for
prenatal or postnatal care, severe morning
sickness, doctor-ordered bed rest, childbirth,
recovery from childbirth, loss or end of pregnancy,
or any other related medical condition.
• PDL may be modied as an employee’s changing
medical condition dictates.
• PDL applies to all employers with ve or more full-
or part-time employees. Other than having a
qualifying pregnancy-related disability, there are
no tenure, hours, other eligibility requirements, and
full- and part-time employees are treated the same.
EMPLOYEE’S OBLIGATIONS
• If possible, an employee must provide their
employer with at least 30 days’ advance notice of
the date for which the pregnancy disability leave is
sought and the estimated duration of the leave.
• If 30 days’ advance notice is not possible due to a
change in circumstances or a medical emergency,
notice must be given as soon as practicable.
• The employer may require written certication
from the health-care provider of the employee
seeking PDL stating the reasons for the leave and
the probable duration of the condition. However,
the health-care provider may not disclose the
underlying diagnosis without the consent of the
patient.
SALARY AND BENEFITS DURING PDL
• An employer may require an employee to use
accrued sick leave during any unpaid portion of
their pregnancy disability leave. The employee may
also choose to use vacation leave or other accrued
paid leave to receive compensation for which the
employee is eligible, but an employer may not
require an employee to use vacation leave or other
accrued time off during PDL.
• Your employer must pay for the continuation of
your group health benets if your employer
normally pays for those benets.
• An employee who is disabled by pregnancy
may qualify for State Disability Insurance wage
replacement while the employee is unable to work.
In a normal pregnancy, a worker will typically be
disabled 4 weeks before the expected due date
and 6 weeks after for a vaginal birth or 8 weeks
after for a cesarean section. For more information,
visit:
www.edd.ca.gov/Disability/FAQ_DI_Pregnancy.htm.
PREGNANCY DISABILITY
LEAVE
FACT SHEET
RETURN RIGHTS
• It is illegal for an employer to re an employee
because that employee is pregnant or taking
pregnancy disability leave. Employers are required
by law to reinstate an employee returning from
PDL to the same position the employee had
before taking leave, and an employee may
request this guarantee in writing. In some
situations, an employee may be reinstated to a
position that is comparable (same tasks, skills,
benets, and pay) to the job they had before
taking PDL.
• If the reinstatement date differs from the original
agreement, or if no agreement was made, an
employer must reinstate the employee within
two business days of being given notice that the
employee intends to return. When two business
days are not feasible, reinstatement must
be made as soon as possible to expedite the
employee’s return.
• However, pregnancy disability leave does not
protect employees from employment actions not
related to their pregnancy, such as layoffs.
FAMILY AND MEDICAL LEAVE
(NON-PREGNANCY)
• In addition to PDL, the California Family Rights
Act (CFRA) requires employers of ve or more
employees to provide 12 weeks of job-protected
leave to employees to bond with a new child (by
birth, adoption, or foster placement), to care for
a family member with a serious health condition,
or because the employee has a serious health
condition. CFRA leave is not for pregnancy-related
conditions, which are covered by PDL. Employees
are entitled to take CFRA leave in addition to any
leave entitlement related to pregnancy. CFRA
leave taken to bond with a new child must be
completed within one year of the birth, adoption,
or foster placement. For more information about
CFRA leave, visit: www.calcivilrights.ca.gov/family-
medical-pregnancy-leave/.
ACCOMMODATIONS WHILE WORKING
• Sometimes employees affected by pregnancy,
childbirth, or related medical condition are
able to keep working with a reasonable
accommodation. If such an employee requests
a reasonable accommodation upon the advice
of the employee’s health-care provider so that
the employee can keep working, an employer
must provide reasonable accommodation.
• For example, on the advice of a physician, an
employee can request to transfer to a less
strenuous or hazardous position or modied
duties because of the employee’s pregnancy-
related condition.
CRD-E02P-ENG / December 2022
This guidance is for informational purposes only, does not establish
substantive policy or rights, and does not constitute legal advice.
• Paid Family Leave (PFL) provides benets to
individuals who need to take time off work to
care for a seriously ill child, parent, parent-in-
law, grandparent, grandchild, sibling, spouse, or
domestic partner. Benets are also available to
parents who need time to bond with a new child
entering their life either by birth, adoption, or
foster care placement. For more information, visit:
www.edd.ca.gov/Disability/Paid_Family_Leave.htm.
If you have been subjected to discrimination,
harassment, or retaliation at work, please
contact CRD.
TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov/complaintprocess
Toll Free: 800.884.1684
TTY: 800.700.2320
California Relay Service (711)
Have a disability that requires a reasonable
accommodation? CRD can assist you with your
complaint.
For translations of this guidance, visit:
www.calcivilrights.ca.gov/posters/employment
