There is no eligibility or time-in-service requirement before an employee is entitled to PDL leave. This includes any employee, full or part-time. PDL leave entitles the employee to employer contributions toward health coverage.
An employee’s CFRA rights are “separate and distinct” from those under the pregnancy section of the Fair Employment and Housing Act and an employee is entitled to take both her pregnancy disability leave and her CFRA leave. In California, a woman who is disabled due to pregnancy is entitled to up to four months off work, depending on her period or periods of medically certified disability caused by her pregnancy, childbirth, or related medical conditions (PDL Leave).
During the time an employee is disabled due to pregnancy, she is entitled to FMLA, but not CFRA. Pregnancy disability is a qualifying event for FMLA leave. The County will count an employee’s PDL against both her PDL entitlement and her FMLA entitlement. After 12 weeks of PDL/FMLA leave, the employee’s FMLA leave is exhausted. If still disabled, she is entitled to one additional month of PDL under state law. Following birth or placement of the child, an employee may take CFRA leave as a separate state entitlement. Employees often choose to take CFRA leave for the birth of a child immediately following the PDL. Once an employee is no longer disabled due to pregnancy, she then is entitled to CFRA; this results in additional protected time under CFRA for “bonding” with her newborn. This may result in FMLA and CFRA running concurrently for some portion of an employee’s time off work for pregnancy, if the employee is disabled for less than twelve (12) weeks.
For assistance with pregnancy disability leave, contact:
Lavleen Cheema, Risk Analyst