| California's Pregnancy Disability Leave (PDL) law | | | | practicable. In response, an employer is permitted to |
| allows pregnant women who are "disabled" during their | | | | request medical documentation supporting the |
| pregnancy to take up to four months of leave from | | | | employee's need for leave. The certification simply |
| work. The term, disabled, is a bit misleading because it | | | | must show the date of disability, the anticipated |
| includes any disability related to the woman's | | | | amount of leave needed, and an explanation as to |
| pregnancy, childbirth, or a related medical condition. | | | | why the employee cannot work. |
| Further, even prior to taking time off, employer's are | | | | After the leave is complete, the employer must return |
| also obligated to make reasonable accommodations | | | | to the employee to the same or to comparable |
| for pregnant employees such as modifying work | | | | position. Pregnancy leave must be treated the same |
| duties, transferring the employee to a less strenuous | | | | as all other temporary disabilities so that policies that |
| position, or providing a modified work schedule. An | | | | apply to non-pregnancy-related temporary disabilities |
| employer's failure to accommodate the pregnant | | | | must also apply to leave taken under the PDL. For |
| employee is only excusable where the employer can | | | | example, pregnant employees continue to accrue |
| prove that the accommodation would be an undue | | | | seniority, have a right to participate in health, retirement, |
| burden. | | | | and disability plans, and any other benefits provided to |
| To qualify for leave, the employee must be unable to | | | | employees. |
| perform one or more of her job functions because of | | | | In addition to leave under the PDL, California |
| the pregnancy or pregnancy-related conditions such as | | | | employees who work for larger employers (those |
| morning sickness or prenatal care. An employee | | | | who employ 50 or more employees) are entitled to an |
| generally must request pregnancy disability leave at | | | | additional 12 weeks of leave under CFRA. In total, a |
| least 30 days' prior to the need for leave. However, if | | | | pregnant employee may be able to maximize her |
| circumstances do not permit advance notice, the | | | | leave to allow for nearly 7 months of job protected |
| employee only need give notice as soon as | | | | leave. |