Is Pregnancy Leave Laws?
Let My San Diego Discrimination Law Office Explain
must provide up to four months disability leave for a woman
who is disabled due to pregnancy, childbirth, or a related
medical condition. However, if an employer provides more than
four months of leave for other types of temporary disabilities,
the same leave must be made available to women who are disabled
due to pregnancy, childbirth, or a related medical condition.
For Pregnancy Leave
who works for a covered employer is eligible for pregnancy
disability leave regardless of the length of time she has
worked for the employer.
an employee does not have to work full-time in order to be
For Which A Leave May Be Taken
leave is required only when a woman is actually disabled by
her pregnancy, childbirth, or a related medical condition.
This includes time off needed for prenatal care, severe morning
sickness, doctor-ordered bed rest, childbirth, recovery from
childbirth, and any related medical condition. A woman does
not have to be completely incapacitated or confined to her
bed to qualify as being disabled by pregnancy. However, as
a general rule, a woman must be unable to perform one or more
essential functions of her job without undue risk to herself
or to other persons or without undue risk to successful completion
of her pregnancy. It is the medical opinion of the woman's
physician or health care provider that determines whether
she is disabled by pregnancy or a related medical condition.
Does Not Have To Be Taken At One Time
taken for pregnancy disability does not have to be taken at
one time. Leave can be taken before or after birth or at any
period of time that the woman is physically unable to work
because of the pregnancy or pregnancy-related condition. Periods
of leave may be totaled in computing the four months of leave.
Absences For Pregnancy-Related Illnesses
absences for pregnancy-related illness of limited duration
taken prior to an actual leave may be subtracted from the
four months of disability leave for pregnancy. However, if
the employer does not subtract intermittent leave from other
types of disability leave, the employer may not subtract from
pregnancy disability leave.
Disability Leave And California Family Rights Act (Cfra) Leave
who takes a pregnancy disability leave is also entitled to
take a CFRA leave if she meets the eligibility requirements
for a CFRA leave. That means that a woman who is eligible
for CFRA leave could take up to four months of pregnancy disability
leave for her pregnancy disability and could also be entitled
to up to 12 weeks of CFRA leave to bond with the baby, or
for another CFRA qualifying event such as to bond with an
adopted child, or to care for a parent, spouse or child with
a serious health condition.
Leave Or Reduced Work Schedule
If a woman's
health care provider indicates that intermittent leave or
a reduced work schedule is medically advisable and foreseeable
based on planned medical treatment, an employer may require
the employee to transfer to an alternative position. The alternative
position must better accommodate recurring periods of leave
than does the employee's regular job. Although the alternative
position need not have equivalent duties, it must have an
equivalent rate of pay and benefits and the employee must
be qualified for the position. Transfer to an alternative
position may include altering an existing position to accommodate
the employee's need for intermittent leave or a reduced work
are required to provide reasonable accommodation to a pregnant
employee when requested, with the advice of her health care
provider, related to her pregnancy, childbirth, or related
If you are a victim of San Diego pregnancy discrimination
in the workplace, contact a San Diego discrimination lawyer
at my law office today to set up a consultation. I help victims
of discrimination in the workplace, including pregnancy discrimination
and pregnancy leave discrimination. My San Diego discrimination
office gives clients information about what to do if they
encounter pregnancy discrimination at work.