HR Tip: How Much Leave Is A Pregnant Employee Entitled To? – Employment Law Weekly

HR Tip: How Much Leave Is A Pregnant Employee Entitled To?

In California, pregnant employees may entitled to a significant amount of leave (7 months or more), depending on their years of service, and whether they have a qualifying reason for the type of pregnancy related leave they are requesting, as noted below in the brief summary:

Pregnancy Disability Leave (PDL): Pregnant employees who are disabled by their pregnancy, are entitled to up to 17 1/3 weeks (4 months) of job protected leave under California’s pregnancy disability leave law (PDL). In addition, if the employee exhausts their PDL, and needs additional leave as an accommodation, the employer may have to provide additional leave as an accommodation, pursuant to the Fair Employment and Housing Act (FEHA).

California Family Rights Act (CFRA): Employees who have worked for an employer for 12 months, and 1,250 hours in the last 12 months, and who otherwise qualify, are eligible for up to 12 weeks (3 months) of baby bonding/parental leave. If both parents work the same employer, they are both eligible for 12 weeks, due to a recent change in CFRA. In addition, employees are eligible for CFRA baby bonding time can also apply for up to eight weeks of paid family leave.

Helpful information from the DFEH on pregnancy related leaves and accommodations, along with brochures and a medical certification form are available here.

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