employment litigation
Pregnancy Disability Leave
Pregnancy Disability Leave
California’s Pregnancy Disability Leave (“PDL”) laws allow you to take up to four months of unpaid, job-protected leave if you develop a pregnancy- or childbirth-related condition that prevents you from working. Your employer is required to maintain any existing medical coverage and health benefits, and you may also be entitled to post-childbirth leave under the California Family Rights Act (CFRA) or FMLA.| Pregnancy Disability Leave (PDL) Key Facts | |
| Covered employers | California companies with at least five employees |
| Covered employees | Any employee of a covered employer, whether full-time or part-time, who is disabled by pregnancy, giving birth, or a related medical issue |
| Maximum amount of leave | 4 months |
| Job protection | Reinstatement to former job or a comparable job |
| Compensation | None other than a continuation of your health care benefits |
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| PDL | CFRA | FMLA | |
| Size of company | 5 or more employees | 5 or more employees. | 50 or more employees |
| Length of employment to obtain leave | No minimum required | 12 months and 1,250 hours over prior year | 12 months and 1,250 hours over prior year |
| Qualifying event | Pregnancy, childbirth, and related medical conditions | Serious health condition (which does not include pregnancy) | Serious health condition (which includes pregnancy) |
| Maximum leave | 4 months | 12 weeks | 12 weeks |
| Compensation | Unpaid | Unpaid | Unpaid |
| Group health insurance during leave | Yes | Yes | Yes |
| Job protection | Yes | Yes | Yes |
| Notice to employer | 30 days if possible | 30 days if possible | 30 days if possible |
| Other accommodations | Intermittent leave, time off for medical appointments, and reduced work hours | Intermittent leave | Intermittent leave if medically necessary |
| Can employer require doctor’s note? | Yes | Yes | Yes |
| Statute of limitations to file complaint | 3 years | 3 years | 2 years (3 years if employer acted willfully) |
| Mediation required? | No | Yes, if employer has 5 to 19 employees, employees can be required to contact DFEH’s dispute resolution division prior to filing a civil action | No |
| Emotional distress & punitive damages available? | Yes | Yes | No, but economic damages include a doubling of back-pay |
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