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.