Pregnancy Discrimination and Pregnancy Disability Leave
The Pregnancy Disability Leave Act ("PDL") affords protection to women who become disabled while pregnant. The PDL states that women may take up to 88 work days (four months) of disability leave for pregnancy, childbirth, or a resulting medical condition. Doctor-ordered bed rest and prenatal care are examples of conditions considered eligible for protection under the PDL.
Pregnancy Disability Leave is distinct from leave covered by the California Family Rights Act ("CFRA") and the Family and Medical Leave Act ("FMLA".) All employers in California with a minimum of five employees are bound by the PDL. Even if your employer is not covered by the CFRA or FMLA, they may still be required to offer time off for a pregnancy or childbirth-related disability.
If your employer is covered under the CFRA or FMLA, you may also be able to take another twelve (12) weeks of leave to spend with your infant. This means that some employees may be legally entitled to up to seven months of leave if they have both a pregnancy-related disability and then elect to stay home with their baby.
Blady Weinreb Law Group has successfully litigated pregnancy discrimination claims. If you have an employee claim for pregnancy discrimination, you may want to retain a BWLG attorney. Please contact us for a consultation at 323-933-1352.