Leaves of Absence – Part 2 – Pregnancy Disability Leave

Did you know that if you have five or more employees, you are subject to California's pregnancy disability leave statute? As a result, if a healthcare provider determines that your employee is "disabled by pregnancy," you must provide them with Pregnancy Disability Leave (PDL) at any time after their first day of employment. 

“Disabled by pregnancy," means that a healthcare provider determines that an employee is unable, due to pregnancy, to perform any one or more of the essential job functions, or to perform any of these functions without putting them, the successful completion of the pregnancy, or others at risk. "Disabled by pregnancy" includes, but is not limited to, a time when the employee experiences severe morning sickness or requires time off for prenatal or postnatal care, bed rest, gestational diabetes, preeclampsia, postpartum depression, childbirth, loss or end of pregnancy, or recovery. 

A pregnant employee can take up to four months, or 17 and 1/3 weeks of protected leave. PDL does not have to be taken continuously; employees may take leave intermittently or on a restricted work schedule when medically necessary. PDL is unpaid, although the employee may be entitled to state disability insurance.

Notice Requirements

You are required by state law to display a notice clarifying your employees' entitlement to leave for pregnancy disability. 

Employees must provide you with adequate notice of their need for PDL, and you must reply to their request for pregnancy leave, reasonable accommodation, or transfer as soon as possible, but no later than 10 days after receiving the request, or 5 days if the leave qualifies as FMLA.

At the start of PDL, you must give an employee written notification that their status has changed and that they are on leave.

There is so much more to be said about PDL. To find out more about your responsibilities as an employer, speak with an HR professional. Remember to check back next week as we discuss workers' compensation!