In the meantime, please feel free to discuss with me how my work can be delegated in my absence. (, Maybe. (1) Employees are eligible for up to four months of leave per pregnancy, not per year. Pregnancy Disability Leave is the most common type of leave in California. (a).↥, Cal. It is often a good idea for employees to discuss their case with an employment lawyer. Reasonable accommodations often involve making existing facilities readily accessible to individuals with disabilities.⁠59 They can also include: job restructuring, reassignment to a vacant position, alterations to when tasks are to be completed, or changes to how functions are performed.⁠60 Again, the best type of accommodation will vary from job to job. In many ways, our state is at the forefront of protecting worker rights. (d), 12940, subd. This means that part-time employees are entitled to take pregnancy disability leave to the same extent as full-time employees. Most employees have a guaranteed right to be reinstated with their employer when they return from family leave.⁠36 This is true even if the employee’s position was restructured or replaced to accommodate the employee’s absence.⁠37, The right to reinstatement means that the employee is entitled to the same or a comparable position.⁠38 If the employer chooses to reinstate the employee in a different position, the new position must be equivalent to the employee’s former position in terms of pay, benefits, shift, schedule, geographic location, and working conditions, including privileges, perquisites, and status.⁠39, The new position must also involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority.⁠40, Additionally, if an employee returns to the job and is no longer qualified for the job due to missing training or other events which happened while she was off work, she must be afforded a reasonable opportunity to fulfill those key requirements.⁠41, California law prohibits covered employers from discriminating against employees on the basis of their physical or mental disabilities.⁠42 This protection extends to women that are disabled as a result of their pregnancy.⁠43, As part of the rule against discrimination, California law imposes a duty on covered employers to make reasonable accommodations for employees with disabilities.⁠44 A reasonable accommodation is an adjustment to the employee’s work environment that can enable the employee to perform the essential functions of the job.⁠45, Importantly for the purposes of maternity leave, a “reasonable accommodation” can sometimes include a period of leave, even after other types of leave have been exhausted.⁠46. Generally, employers are not required to pay employees their wages during maternity leave. (, Yes. Employers are legally required to maintain a worker’s medical benefits at the same contribution rates during both pregnancy disability leave and family leaves of absence.⁠63 This means that an employer that offers group health plan coverage must continue to pay the same premiums that were paid while the employee was working. Under California’s pregnancy disability leave laws, I am entitled to take up to four months of leave for any time I am disabled by my pregnancy, the childbirth, or a related medical condition. Code, § 12945, subd. Paternity leave law is complex. For expecting families, navigating the California pregnancy disability leave process can be confusing and frustrating. As such, pregnancy-related disabilities will continue past birth. (a); Cal. Code Regs., tit. (See our article on parental leave in California.). Code, §§ 12926, subd. Employees may have a different pregnancy or childbirth-related condition that would be considered disabling enough to qualify you for maternity leave. If the employer contests the employee’s claim, which happens often, legal arguments will have to be made and evidence might need to be presented. The attorney listings on this site are paid attorney advertising. (b) [“If a civil action is not brought by the department within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on his or her request, the right-to-sue notice.”].↥, Gov. (a)(3) [“If 30 days advance notice is not practicable, because it is not known when reasonable accommodation, transfer, or leave will be required to begin, or because of a change in circumstances, a medical emergency, or other good cause, notice must be given as soon as practicable.”]; Cal. (, No. (e); see also Dept. If your employer requires a doctor’s certification for other types of disability leave, you may be required to provide a similar certification for your pregnancy disability leave. In California, many pregnant workers have the right to take disability leave to deal with certain physical and mental effects of pregnancy. Code Regs., tit. %%EOF While pregnancy disability leave and maternity leave are obviously related, they are also two distinct types of leave that are granted under different state laws. California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees with disabilities. Code, §§ 12926, subds. (, (For CFRA) I have worked for my employer for 1+ year, I have 1250 hours of service in the past year, and 50+ employees work within an 75 mile radius. 2, §§ 11035(h) & 11037). There are, of course, exceptions to these time limits. 400 0 obj <>stream The law applies to natural, adoptive, and foster parents. Confidential or time-sensitive information should not be sent through this form. Am I Eligible for Disability Insurance Benefits? If your employer pays employees on temporary disability, if you use vacation time/paid time off, or if you pay into SDI. 2, § 11068, subd. (a) (“The right to take a pregnancy disability leave under Government Code section 12945 and these regulations is separate and distinct from the right to take leave under the California Family Rights Act (CFRA), Government Code sections 12945.1 and 12945.2.”).↥ If you have questions about pregnancy discrimination, contact the California Department of Fair Employment and Housing. Code Regs., tit. When an employee decides to sue their employer for violating California’s maternity leave laws, they must first file a written complaint with California’s Department of Fair Employment and Housing (the “DFEH”).⁠89 Employees pursuing a claim related to maternity leave violations cannot go straight to court with a lawsuit.⁠90. At WRLG our attorneys represent workers on a contingency fee basis. Code, § 12940, subd. In some states, the information on this website may be considered a lawyer referral service. An employee may receive a little over half of her wages during her leave, subject to a maximum set by law each year. 63 (Opens in new window), which significantly expanded family and medical leave rights for California employees. During this recovery time, women are still considered “disabled” by their pregnancy for the purposes of California’s pregnancy disability leave law⁠—⁠as long as, in the opinion of her doctor, she is unable to perform one or more of the essential functions of her job because of the childbirth.⁠11, Which Employers Are Covered by the PDL Law. Pregnancy disability leave does not reduce a worker’s access to maternity leave. Besides pregnancy disability leave, there are generally two types of maternity leave in California: These types of leave can be taken consecutively, allowing many employees to enjoy up to seven months of maternity leave per pregnancy⁠—⁠and possibly more if additional leave time would be a reasonable accommodation for the employee’s pregnancy-related disability.⁠25. (c)(3)(A) [“‘Family care and medical leave’ means any of the following: . 2, § 11046, subd. Under California’s pregnancy disability leave laws, I am entitled to take up to four months of leave for any time I am disabled by my pregnancy, the childbirth, or a related medical condition. One form of reasonable accommodation might be more time off, if it will allow you to return to your job in the foreseeable future. It is also possible that the employer will be required to pay the employees legal fees at the end of the case. He truly cares about his clients. In some cases, a worker may only be eligible to take pregnancy disability leave for the last two weeks of her pregnancy. Pregnant employees may, however, receive short-term disability benefits through the California State Disability Insurance program during their pregnancy disability leave. (a); Cal. The law can be complex and very few cases are straightforward. Code Regs., tit. (, No. Pregnancy disability leave is always issued on a case-by-case basis. the employer can show that the employee would not have been offered the comparable position had the employee remained employed continuously, or. The following conditions are commonly considered disabling for these purposes, and will entitle the employee to begin her pregnancy disability leave early: This list of examples is not exhaustive. RETURN RIGHTS. Code, § 12926, subd. If the employee is bringing claims under state law, they must file a complaint against the employer with California’s Department of Fair Employment and Housing (the “DFEH”) no later than one year from the date of the alleged violation.⁠92. The employer may not retaliate against them for doing so.⁠95. . Despite this available coverage, many employers deny, Worked for their employer for at least one year; and. (a) [“Pregnancy disability leave does not need to be taken in one continuous period of time.”].↥, Sanchez v. Swissport, Inc. (2013) 213 Cal.App.4th 1331, 1339 [“Under section 12940, a woman disabled by pregnancy is entitled to the protections afforded any other disabled employee⁠—⁠a reasonable accommodation that does not impose an undue hardship on her employer.”]; Cal. As explained by the California Department of Fair Employment and Housing, a pregnancy-related disability is a physical or mental condition that prevents an expecting mother from “performing essential duties of her job”.

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