The Fair Employment and Housing Act (FEHA) contains provisions relating to Pregnancy Disability Leave (PDL).

Leave Requirements

An employee disabled by pregnancy is entitled to up to four (4) months disability leave. For a full-time employee who works 40 hours per week, "four months" is equivalent to 693 hours of leave. The calculation is based on 40 hours per week times 17 1/3 weeks (one-third of a calendar year).

Reason and Entitlement for Leave

• Leave is only permitted for pregnancy or a pregnancy related condition. 
• Leave can be taken before or after birth during any period of time the woman is physically unable to work because of a pregnancy or pregnancy-related condition.
• Pregnancy leave is available when a woman is actually disabled. This includes time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, or any related medical condition.
• The City is required to provide reasonable accommodations to employees who are disabled as the result of a condition related to pregnancy, childbirth, or associated medical condition.
• There is no eligibility requirement, such as maximum hours worked or length of service, before an employee affected or disabled by pregnancy is eligible for reasonable accommodation, transfer, or disability leave under the PDL law.
• Employees are entitled to take pregnancy disability leave in addition to any leave entitlement they might have under California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA). For example, an employee could take four months for PDL for her disability, and 12 weeks CFRA leave to bond with the baby. FMLA will run concurrently with PDL, if available.

Salary and Benefits During Leave

• PDL is unpaid; however, employees are required to use their sick leave accruals.
• The City will maintain and pay for group health coverage for an eligible employee who takes pregnancy disability leave for the duration of the leave (up to four months) at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave.
• Depending on length of disability and accruals, employee may be eligible for Disability Insurance.
• Note: City employees do not contribute to State Disability Insurance (SDI) and are therefore not eligible for SDI or any other programs funded by SDI.

Right to Reinstatement

• After pregnancy disability leave or transfer, employees are guaranteed a return to the same position and can request the guarantee in writing. 
• If the same position is no longer available, such as in a layoff, the City must offer a position that is comparable in terms of pay, location, job content, and promotional opportunities, unless the City can prove that no comparable position exits.

Discrimination Prohibited on the Basis of Pregnancy or Perceived Pregnancy

It is an unlawful employment practice to discriminate against or harass or retaliate against an employee or applicant because of pregnancy OR "perceived pregnancy." "Perceived pregnancy" is now specifically defined as "being regarded or treated by an employer as being pregnant or having a related medical condition."

Notices and Medical Certification Form

Notice B (for employers with 50 or more employees) has been revised with specific changes in the employer's responsibility to inform its employees of their rights under the PDL law and employee's obligations to give reasonable notice of their need for leave/transfer/reasonable accommodation. The regulations added a medical certification form, similar to the one used for CFRA leaves, within the text of the regulations.

Notices A and B are available below:

• Notice A - Your Rights and Obligations as a Pregnant Employee
• Notice B - Family and Medical Leave Act and Pregnancy Disability Leave

For more information, you can visit the Department of Fair and Employment Housing or contact the Human Resources Department at 909-620-2291.