If an employee reports that she is pregnant, please direct her to contact the Leaves Office to receive important information regarding pregnancy leave. FMLA and Disability packets will be provided to the employee and the employee’s options for leave will be discussed.
Employee’s Rights While on Pregnancy Disability Leave
An employee going out on pregnancy leave may be eligible to take up to 7 months maximum for pregnancy and childbearing. Of this 7 months, 20 weeks are job protected, and the remainder must be approved by both the immediate supervisor and the MSO for the unit.
FMLA
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Under FMLA, an employee may take up to 12 weeks of leave for the birth of a child and/or to care for a newborn child.
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During the 12 week period, the employee’s job is protected.
California Pregnancy Disability
Under the California Fair Employment and Housing Act, an employee may take up to 4 months of medically necessary pregnancy disability leave. For a normal pregnancy, this timeframe is usually 2 weeks prior to the birth, and 6-8 weeks after the birth.
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PDL runs concurrently with FMLA.
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During the PDL period, the employee’s job is protected.
California Family Rights Act (CFRA)
In addition to FMLA, employees are also covered under the California Family Rights Act (CFRA), which provides up to 12 weeks of family and medical leave for reasons unrelated to pregnancy disability. This can include the employee’s own serious health condition, or that of a family member, but can also include care for a newborn child or recently placed adopted or foster child.
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CFRA begins when PDL ends and runs concurrent with any remaining FMLA leave.
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During the CFRA period, the employee’s job is protected.
For more information regarding pregnancy leave, see the Pregnancy, Newborn Child, and Adopted Child Factsheet. See the Family Changes Factsheet for benefits enrollment options upon the birth of the baby. And don't forget to enroll your new baby in your insurance plans within 31 days of the birth!
