What to Expect When Your Employees Are Expecting

When an employee tells you they are pregnant, you must be ready. As a California employer, you must be well-versed in the various leave entitlements and wage replacement benefits your employees might qualify for.

Here's an overview:

Pregnancy Disability Leave (PDL): If you are an employer of five (5) or more employees, your employees disabled by pregnancy, childbirth, or related conditions may take up to four months of unpaid leave. PDL offers job protection – meaning they must be returned to the same or a comparable role when their leave ends.

California Family Rights Act (CFRA): Organizations with (5) or more employees are covered under CFRA. Eligible employees can take up to 12 weeks of unpaid leave to bond with a new child or the adoption or foster care placement of a child.

Pregnancy Accommodation: Employees affected by pregnancy, childbirth, or associated medical problems may require reasonable accommodation to perform their essential job functions. This can include modifying assigned duties, allowing more time for breaks, providing time off for prenatal visits, granting temporary transfers to less strenuous roles, or modifying work schedules. 

Reproductive Loss Leave: Following a reproductive loss event, employees who work for a company with five or more employees are eligible for up to five days of paid or unpaid leave following a reproductive loss event such as miscarriage, stillbirth, unsuccessful assisted reproduction, failed adoption, and failed surrogacy. 

State Disability Insurance (SDI): Most employers are covered by SDI if they have at least one employee. SDI offers a portion of an employee's wage when they are unable to work due to a disability, such as pregnancy. Employees are immediately eligible for SDI upon employment if the employee has earned at least $300.00 from which SDI deductions were withheld. SDI requires a seven (7) day waiting period.

Paid Family Leave (PFL): If you have at least one employee, your employees are covered by PFL. PFL provides employees who need to take time off to bond with a new child or to care for a seriously ill family member, with partial wage replacement benefits. Similarly to SDI, Employees are immediately eligible for PFL upon employment if the employee has earned at least $300.00 from which PFL deductions were withheld. You may require your employees to take up to two weeks of PTO vacation before receiving PFL benefits.

When your employees inform you that they are expecting, it is important to establish open lines of communication. Ensure that your employees are aware of their rights and the company's policies, provide necessary forms, and document all discussions and agreements. By remaining compliant and accommodating your employees, you demonstrate your commitment to their well-being and retain valuable talent within your organization. Connect with our HR consulting team for additional guidance.