California Leavin': State Law Protections for Family, Medical and Pregnancy Disability Leave | Practical Law

California Leavin': State Law Protections for Family, Medical and Pregnancy Disability Leave | Practical Law

Resources to help employers comply with California leave law obligations under the California Family Rights Act (CFRA) and California's Pregnancy Disability Leave (PDL) law. 

California Leavin': State Law Protections for Family, Medical and Pregnancy Disability Leave

by PLC Labor & Employment
Published on 09 Apr 2013 • California
Resources to help employers comply with California leave law obligations under the California Family Rights Act (CFRA) and California's Pregnancy Disability Leave (PDL) law.
Employers based in California and those with employees in the Golden State must comply with state employment laws that are similar to federal law, but contain key differences. For example, when administering leave for family and medical reasons, private employers in California that have 50 or more employees in any state, the District of Columbia or any US territory must comply with the California Family Rights Act (CFRA).
Under the CFRA, covered employers must provide eligible employees with unpaid, job-protected leave of:
  • Up to 12 workweeks in any employer-defined 12-month period for family care and medical reasons, including leave taken:
    • for the birth, adoption or foster placement of a child;
    • to care for a serious health condition of the employee's child, spouse or parent; or
    • for the employee's own serious health condition, except for disability due to pregnancy, childbirth or related medical conditions.
Employees are eligible to take CFRA leave if they:
  • Have more than 12 months of service with the employer at any time.
  • Have at least 1,250 hours of service with the employer during the 12-month period immediately before the leave starts.
  • Work at a location for an employer who has 50 or more employees working within a 75-mile radius of that location, as measured in surface miles.
While both the CFRA and the federal Family and Medical Leave Act (FMLA) allow the use of medical certifications, under California law, employers may not require the disclosure of the diagnosis or serious health condition necessitating CFRA leave. That information may only be disclosed at the employee's option.
Under California's Pregnancy Disability Leave (PDL) law, employers with five or more employees must provide female employees disabled by pregnancy, childbirth or a related medical condition with entitlements, including:
  • Up to four months of leave per pregnancy (not per year).
  • The right to reasonable accommodation, including temporarily transferring to a less strenuous or hazardous position.
Unlike the CFRA and the FMLA, however, there is no eligibility requirement, such as minimum hours worked or length of service, before an employee affected or disabled by pregnancy is eligible under California's PDL law. Additionally, pregnancy disability is defined broadly. A female employee is considered "disabled by pregnancy" if, in the opinion of her health care provider, she:
  • Is unable because of her pregnancy to perform:
    • one or more essential functions of her job; or
    • any of these functions without undue risk to herself, to her pregnancy's successful completion or to other persons.
  • Suffers from "severe morning sickness."
  • Must take time off for reasons including, but not limited to:
    • prenatal care;
    • postnatal care;
    • bed rest;
    • gestational diabetes;
    • pregnancy-induced hypertension;
    • preeclampsia;
    • post-partum depression;
    • childbirth;
    • loss or end of pregnancy; and
    • recovery from childbirth or loss or end of pregnancy.
The PDL law defines health care provider broadly to include marriage and family therapists and acupuncturists. Like the CFRA, the PDL law provides eligible employees with rights to job reinstatement and continuing group health insurance coverage while on leave.
Employers covered by the FMLA, CFRA and PDL law must keep track of PDL properly. PDL runs concurrently with leave taken under the FMLA and an employer may count up to 12 weeks of an employee's PDL against the employee's FMLA entitlement. However, PDL is a separate and distinct right from leave under the CFRA and these two types of leave run consecutively for a maximum leave entitlement of four months of PDL and 12 weeks of CFRA leave in the case of an employee eligible for both types of leave.
In addition to the CFRA and PDL law, California has several other laws providing for different types of leave. Practical Law Company has a collection of resources to help employers comply with their obligations under these state laws. For more information about employer obligations and employee leave entitlements under California's leave laws, see: