As a California employer, it is crucial to be well-informed about the various leave entitlements provided to pregnant employees. Within the past three years, leave entitlements have expanded from employers with 50 employers down to five employees. With this change, many employers are navigating their first pregnancy-related leave. While this post provides an overview, reach out to your consulting team for more in-depth guidance.
Pregnancy Disability Leave (PDL)
Under the California Pregnancy Disability Leave (PDL) law, employers with five or more employees must provide up to four months of unpaid leave for employees disabled by pregnancy, childbirth, or related medical conditions. This applies to both part-time and full-time employees. PDL provides job protection, and employees are entitled to return to the same or a comparable position upon their return.
California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) provides eligible employees with the right to take up to 12 weeks of unpaid leave for bonding with a new child and/or the adoption or foster care placement of a child. Employers with at least five employees must comply with CFRA.
Pregnancy Accommodation
California law requires employers, regardless of size, to provide reasonable accommodations to pregnant employees. Reasonable accommodations could include modifying work duties, providing additional breaks, allowing time off for prenatal appointments, or offering temporary transfers to less strenuous positions. It is essential to engage in an interactive process with the employee to determine appropriate accommodations.
State Disability Insurance (SDI)
State Disability Insurance (SDI) provides eligible employees with partial wage replacement while they are unable to work due to a disability, such as pregnancy. This is not additional leave time; it is wage replacement that runs concurrently with the applicable leave of absence as listed above.
Paid Family Leave (PFL)
The California Paid Family Leave (PFL) program provides partial wage replacement benefits for employees who take time off to bond with a new child or to care for a seriously ill family member. As with SDI, this does not provide additional leave time. It provides wage replacement while the employee is on a leave of absence.
Communication and Documentation
To ensure a smooth process, it is vital to establish clear communication channels with your employee. Clearly communicate your company's policies regarding leave entitlements, provide necessary forms, and document all discussions and agreements related to accommodations, leaves, and return-to-work plans.
Conclusion
Navigating leave entitlements related to pregnancy in California is crucial for small employers. By understanding the laws and regulations, you can create a supportive and compliant work environment. Taking proactive steps to accommodate employees not only demonstrates your commitment to their well-being but also helps retain valuable talent in your organization.