Most folks consider maternity leave and pregnancy leave to mean the same thing and generally understand that both of these mean a leave of absence from work, for some reason having to do with the employee’s pregnancy. Unfortunately, the law is not as simple as it may seem at first blush. The reason for this is that many different laws provide employees the right to take time away from work for reasons relating to pregnancy.
Both state and federal laws govern such absences from work, and each of these has its own different set of requirements, qualifications, and benefits. Therefore, the amount of time that a particular employee will be entitled to take depends on the specific facts and circumstances of the specific situation. Instead of trying to figure out which law applies, and how much leave it provides, the better approach is for employees to consult with an experienced pregnancy discrimination lawyer whenever they feel that their rights may have been violated.
Pregnancy Disability Leave Law
That being said, it should be noted that the California Pregnancy Disability Leave Law (PDLL) requires employers to provide employees with up to four months of leave for disability due to an employee’s pregnancy, childbirth, or related medical conditions. (Cal. Government Code §12945.)
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) requires covered employers to provide covered employees with up to 12 weeks of leave for the employee’s incapacity due to pregnancy, childbirth, or related medical conditions. (29 USC § 2612.)
It should be noted, however, that PDLL leave and FMLA leave run concurrently. Therefore, if the employee takes 12 weeks of leave due to her pregnancy, childbirth, or related medical conditions and the employer gives the proper FMLA notices, the employee will have exhausted her annual entitlement to FMLA leave and will have exhausted 12 weeks of the four-month PDLL leave entitlement.
California Family Rights Act
Although the California Family Rights Act (CFRA) excludes pregnancy, childbirth, and related medical conditions from the definition of an employee’s “serious health condition,” pregnancy is covered, however, as a “serious health condition” for a family member. (Cal. Government Code §12945.2.)
Thus, following a pregnancy disability leave, an eligible employee will still have the right to take a CFRA leave of up to 12 weeks “for the reason of the birth of her child, if the child has been born by this date” (provided that the entire CFRA leave was not taken before the pregnancy disability leave).
The California Code of Regulations specifically states as follows:
CFRA Leave after Pregnancy Disability Leave:
At the end of the employee’s period(s) of pregnancy disability, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible employee may request to take CFRA leave of up to 12 workweeks for the reason of the birth of her child, if the child has been born by this date.
- There is no requirement that either the employee or child has a serious health condition for the employee to take CFRA leave for the birth of her child. There is also no requirement that the employee no longer be disabled by her pregnancy before taking CFRA leave for the birth of her child.
- Where an employee has utilized four months of pregnancy disability leave before the birth of her child, and her healthcare provider determines that a continuation of the leave is medically necessary, an employer may, as a reasonable accommodation, allow the employee to utilize CFRA leave before the birth of her child. No employer shall, however, be required to provide more CFRA leave than the amount to which the employee is otherwise entitled under CFRA.
(Cal. Code Regs., tit. 2, § 11046(c).)
Pregnancy leave laws are complex. Therefore, a pregnant employee would do well to consult an experienced pregnancy discrimination lawyer instead of trying to go at it alone.
Contact Akopyan Law Firm A.P.C. for Advice
Akopyan Law Firm A.P.C. provides complimentary case evaluations and representation for employees in Orange, Riverside, San Bernardino, Glendale, Los Angeles, and throughout Southern California. If you are looking for a pregnancy discrimination lawyer in Los Angeles, call us today.
If you think you have been discriminated against by your employer because of your pregnancy status, talk to a lawyer.