PREGNANCY DISABILITY LEAVE FACT SHEET - DFEH

1 PREGNANCY . DISABILITY THE DEPARTMENT OF FAIR EMPLOYMENT AND housing . LEAVE . THE MISSION OF THE DEPARTMENT OF FAIR EMPLOYMENT. AND housing IS TO PROTECT THE PEOPLE OF CALIFORNIA. FROM UNLAWFUL DISCRIMINATION IN EMPLOYMENT, housing AND PUBLIC ACCOMMODATIONS, AND FROM. THE PERPETRATION OF ACTS OF HATE VIOLENCE AND. FACT SHEET HUMAN TRAFFICKING. The Fair Employment and housing PDL may be modified as an employee's changing medical condition dictates. Act (FEHA), enforced by the California PDL applies to all employers with five or more full- Department of Fair Employment and or part-time employees.

2 Other than having a housing (DFEH), contains provisions qualifying PREGNANCY -related DISABILITY , there are guaranteeing LEAVE for employees no tenure, hours, other eligibility requirements, and full- and part-time employees are treated the same. disabled by PREGNANCY , childbirth, or a related medical condition ( PREGNANCY DISABILITY LEAVE or PDL). EMPLOYEE'S OBLIGATIONS. All employers must provide information about If possible, an employee must provide their PDL to their employees and post information employer with at least 30 days' advance notice of about PREGNANCY LEAVE rights in a conspicuous the date for which the PREGNANCY DISABILITY LEAVE is place where employees tend to gather.

3 A poster sought and the estimated duration of the LEAVE . that meets this requirement is available on If 30 days' advance notice is not possible due to a DFEH's Posters, Brochures and Fact Sheets change in circumstances or a medical emergency, webpage ( ). Employers notice must be given as soon as practicable. who provide employee handbooks must include The employer may require written certification from information about PDL in the handbook. 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 LEAVE REQUIREMENTS diagnosis without the consent of the patient.

4 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 SALARY AND BENEFITS DURING PDL. LEAVE for other types of temporary disabilities, the An employer may require an employee to use same LEAVE must be made available to employees accrued sick LEAVE during any unpaid portion of who are disabled due to PREGNANCY , childbirth, or their PREGNANCY DISABILITY LEAVE . The employee may a related medical condition. also choose to use vacation LEAVE or other accrued LEAVE can be taken before and after birth during paid LEAVE to receive compensation for which the any period of time the employee is physically employee is eligible, but an employer may not unable to work because of PREGNANCY or a require an employee to use vacation LEAVE or other PREGNANCY -related condition.

5 All LEAVE taken in accrued time off during PDL. connection with a specific PREGNANCY counts Your employer must pay for the continuation of toward computing the four-month period. your group health benefits if your employer PDL is available when an employee is actually normally pays for those benefits. disabled. This includes time off needed for An employee who is disabled by PREGNANCY prenatal or postnatal care, severe morning may qualify for State DISABILITY Insurance wage sickness, doctor-ordered bed rest, childbirth, replacement while the employee is unable to work. recovery from childbirth, loss or end of PREGNANCY , In a normal PREGNANCY , a worker will typically be or any other related medical condition.

6 Disabled 4 weeks before the expected due date PREGNANCY DISABILITY . LEAVE THE DEPARTMENT OF FAIR EMPLOYMENT AND housing . FACT SHEET . THE MISSION OF THE DEPARTMENT OF FAIR EMPLOYMENT. AND housing IS TO PROTECT THE PEOPLE OF CALIFORNIA. FROM UNLAWFUL DISCRIMINATION IN EMPLOYMENT, housing AND PUBLIC ACCOMMODATIONS, AND FROM. THE PERPETRATION OF ACTS OF HATE VIOLENCE AND. HUMAN TRAFFICKING. and 6 weeks after for a vaginal birth or 8 completed within one year of the birth, adoption, weeks after for a cesarean section. For more or foster placement. For more information about information, visit: CFRA LEAVE , visit: medical- PREGNANCY - LEAVE /.

7 Paid Family LEAVE (PFL) provides benefits to individuals who need to take time off work to RETURN RIGHTS care for a seriously ill child, parent, parent-in- law, grandparent, grandchild, sibling, spouse, or It is illegal for an employer to fire an employee domestic partner. Benefits are also available to because that employee is pregnant or taking parents who need time to bond with a new child PREGNANCY DISABILITY LEAVE . Employers are required entering their life either by birth, adoption, or by law to reinstate an employee returning from foster care placement. For more information, visit: PDL to the same position the employee had before taking LEAVE , and an employee may request this guarantee in writing.

8 In some situations, an employee may be reinstated to a position that is comparable (same tasks, skills, ACCOMMODATIONS WHILE WORKING. benefits, and pay) to the job they had before Sometimes employees affected by PREGNANCY , taking PDL. childbirth, or related medical condition are If the reinstatement date differs from the original able to keep working with a reasonable agreement, or if no agreement was made, an accommodation. If such an employee requests employer must reinstate the employee within a reasonable accommodation upon the advice two business days of being given notice that the of the employee's health-care provider so that employee intends to return.

9 When two business the employee can keep working, an employer days are not feasible, reinstatement must must provide reasonable accommodation. be made as soon as possible to expedite the For example, on the advice of a physician, an employee's return. employee can request to transfer to a less However, PREGNANCY DISABILITY LEAVE does not strenuous or hazardous position or modified protect employees from employment actions not duties because of the employee's PREGNANCY - related to their PREGNANCY , such as layoffs. related condition. FAMILY AND MEDICAL LEAVE . (NON- PREGNANCY ) TO FILE A COMPLAINT.

10 In addition to PDL, the California Family Rights Department of Fair Employment and housing Act (CFRA) requires employers of five or more employees to provide 12 weeks of job-protected LEAVE to employees to bond with a new child (by Toll Free: birth, adoption, or foster placement), to care for TTY: a family member with a serious health condition, or because the employee has a serious health If you have a DISABILITY that requires a condition. CFRA LEAVE is not for PREGNANCY -related reasonable accommodation, DFEH can assist conditions, which are covered by PDL. Employees you with your complaint.