Updated: Oct 5, 2022
In California, pregnant employees are afforded certain leave protections. The California Fair Employment and Housing Act (FEHA) contains provisions guaranteeing leave for employees disabled by pregnancy, childbirth, or a related medical condition called “Pregnancy Disability Leave” or “PDL.” PDL applies to all employers with 5 or more full- or part-time employees. Employees do not need to qualify to take PDL. Instead, unlike leave under the California Family Rights Act, employees are entitled to PDL regardless of how long they have worked for the employer and regardless of how man
y hours they have worked. Both full-time and part-time employees are entitled to PDL. Employees can take leave before or after birth during the time the employee is actually disabled by the pregnancy. This can include, but is not limited to, going doctor visits for prenatal and postnatal care, severe morning sickness, childbirth, and loss of pregnancy. Employers are prohibited from retaliating or discriminating against an employee who wants to take PDL. Further, upon returning from or while taking PDL, employers are required to reinstate the employee to the same or position comparable to what they had before taking the PDL. More information is available on the California Department of Fair Employment and Housing website.