What is California Pregnancy Disability Leave?

Nov 15, 2024 / Workers Compensation

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California offers strong legal protections for pregnant employees, including the Pregnancy Disability Leave (PDL), which allows workers to take time off due to pregnancy-related conditions. Pregnancy Disability Leave Law is designed to protect employees who are temporarily unable to work due to pregnancy disability, childbirth, or related medical conditions related to prenatal or postnatal care.

What is Pregnancy Disability Leave (PDL)?

Pregnancy Disability Leave is a job-protected leave that allows employees in California to take time off if they are unable to work due to pregnancy, childbirth, or a related serious health condition. This can include complications such as severe morning sickness, preeclampsia, postpartum depression, and recovery from childbirth. Pregnancy Disability Leave is part of California’s broader employment laws that protect workers’ rights, including family and medical leave.

Who is Eligible for PDL?

One of the key features of PDL is that it applies to all employees in California who work for employers with five or more employees, regardless of how long the employee has been with the company. This means that even newly hired workers can qualify for Pregnancy Disability Leave.

There is generally no minimum tenure or number of hours an employee must have worked to be eligible. This makes PDL accessible to a broader group of workers compared to some other types of leave that require specific eligibility criteria, such as the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).

Duration of PDL

Under Pregnancy Disability Leave, an employee can take up to four months (17.3 weeks) of leave per pregnancy. The exact duration of the leave depends on the medical needs of the employee. If there is doctor-ordered bed rest, or a doctor certifies that the employee is unable to work due to pregnancy-related reasons, the employee can take time off as needed.

It’s important to note that Pregnancy Disability Leave is calculated per pregnancy, meaning that if an employee becomes pregnant again, she would be entitled to take Pregnancy Disability Leave again. Additionally, if an employee has a pregnancy-related disability, such as a difficult recovery from childbirth or a more severe condition like preeclampsia, an employer can provide pregnancy disability leave for the full four months of leave.

Pay During PDL

PDL itself is unpaid; however, employees may be eligible for partial wage replacement through California’s State Disability Insurance (SDI) program. SDI provides short-term disability benefits to workers who are temporarily unable to work due to a non-work-related illness or injury, including pregnancy. The typical wage replacement rate under SDI is between 60-70% of the employee’s wages, depending on income levels.

After Pregnancy Disability Leave, employees may also be eligible for Paid Family Leave (PFL), which provides additional weeks of partial wage replacement to bond with a new child.

Job Protection and Benefits

While PDL is unpaid, it does come with job protection. This means that when an employee returns from PDL, the employer must reinstate her to the same job or a comparable position. This is crucial for employees who might worry about losing their job due to taking time off for pregnancy-related reasons.

Employers are also required to maintain any group health benefits that the employee had before going on leave. These benefits must be maintained under the same terms as if the employee had not taken leave.

PDL vs. CFRA and FMLA

PDL is separate from the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). These laws offer additional job-protected leave, but their eligibility criteria and leave purposes differ. CFRA and FMLA can be used for baby bonding after childbirth, but PDL is strictly for the period during which the employee is disabled due to pregnancy or childbirth.

After PDL, a new mother may be eligible for up to 12 weeks of CFRA leave to bond with her baby, depending on her eligibility. This time off for baby bonding is also job-protected and is separate from the medical leave provided under PDL.

Protections Against Discrimination

In addition to providing leave, California law also protects pregnant employees from discrimination. Employers cannot fire, harass, or otherwise discriminate against employees because they are pregnant or take PDL. If an employer retaliates against an employee for taking PDL, the employee may have grounds for a legal claim under California’s anti-discrimination laws.

How to Request PDL

To request PDL, employees should provide their employer with reasonable notice of their need for leave. This can include providing a doctor’s note that certifies the employee is unable to work due to pregnancy, childbirth, or a related medical condition.

Employers are required to grant the leave as long as the employee provides the necessary documentation. If the leave is intermittent (for example, for appointments or occasional rest), the employer must accommodate that as well.

How To Get Short Term Disability Approved While Pregnant?

In California, pregnant workers can qualify for Short-Term Disability Insurance (SDI) to cover periods when they are unable to work due to pregnancy-related conditions. SDI offers partial wage replacement, or temporary disability pay, for employees who are temporarily disabled due to illness, injury, or pregnancy.

What is Short-Term Disability (SDI) for Pregnancy?

Short-Term Disability Insurance (SDI) is a California state program designed to provide partial wage replacement to workers who are temporarily unable to perform their job duties due to non-work-related injuries or medical conditions, including pregnancy. The California Employment Development Department (EDD) administers this program, and eligible employees can receive a percentage of their usual wages for the duration of their disability.

Eligibility for Short-Term Disability While Pregnant

To qualify for pregnancy-related short-term disability benefits in California, you typically must meet specific criteria:

Employment and Contribution Requirements: You must have earned wages and contributed to the State Disability Insurance (SDI) program. Most employees in California automatically contribute to SDI through payroll deductions. You can check your pay stubs to confirm whether SDI deductions have been made.
Medical Certification: You might need a medical certification from your healthcare provider verifying that you are disabled due to your pregnancy. This certification must include the start date of your disability and a description of why your condition prevents you from working. Common reasons for short-term disability during pregnancy include severe morning sickness, complications such as preeclampsia, or medical conditions that require bed rest.
Non-Work-Related Condition: To qualify for SDI, your condition must not be work-related. If your pregnancy-related condition is connected to your job, you may need to file a workers’ compensation claim instead.
Timing and Duration: Pregnancy-related disability typically qualifies for short-term disability benefits four weeks before the expected due date and up to six to eight weeks after delivery, depending on whether you had a vaginal birth or a C-section. If there are complications or a medical necessity, your doctor can certify additional time.

Steps to Apply for Short-Term Disability During Pregnancy

Gather Required Information: Before applying, ensure you have all the necessary documentation and personal details. You’ll need:
- Your Social Security number.
- Contact information for your employer.
- Medical certification from your healthcare provider.
- Your most recent pay stubs or wage information.
Submit Your Application: The EDD allows you to submit an SDI claim either online or via mail. The online application process is typically faster. To apply online, visit the EDD’s SDI Online portal, create an account, and follow the step-by-step instructions to file your claim. If you prefer to mail your claim, you can download the Claim for Disability Insurance (DI) Benefits form from the EDD website or request a form by phone.
Submit Medical Certification: Your doctor or healthcare provider must submit the medical certification form that verifies your pregnancy-related disability. They can do this through the EDD’s online system or by mailing the certification. Ensure your provider includes all relevant medical information, including the expected duration of your disability.
Track Your Application: Once your claim has been submitted, you can monitor the status of your application online. Processing times vary, but the EDD typically takes 14 days to make a decision on short-term disability claims. Ensure you respond promptly to any requests for additional information to avoid delays in your benefits.

How Much Will You Receive?

If your claim is approved, you will receive a percentage of your wages for the duration of your disability. The amount you receive is based on your highest-paid quarter in the base period of your earnings, which is typically the year before you became disabled.

The wage replacement rate is 60% to 70% of your regular wages, depending on your income level.
Payments are made bi-weekly for the duration of your disability.

Appeals Process

If your claim is denied or if you disagree with the amount awarded, you have the right to appeal the decision. To do this, you must submit an appeal request within 30 days of the denial notice. Be sure to provide any additional medical documentation or evidence to support your claim during the appeals process.

Other Related Benefits: Paid Family Leave (PFL)

After your short-term disability period ends (typically six to eight weeks after giving birth), you may qualify for Paid Family Leave (PFL) to bond with your newborn. PFL provides an additional eight weeks of partial wage replacement for baby bonding. This can be taken immediately following your pregnancy-related SDI or at any time within the first year after birth.

California Pregnancy Disability Leave – FAQ

can you get disability while pregnant? Yes, an eligible employee can take advantage of California’s pregnancy disability leave if they are unable to work due to pregnancy. They can use pregnancy leave to recover pregnancy-related issues.

is pregnancy covered under short term disability? Usually, short-term disability can cover issues related to giving birth, as well as leave for pregnancy complications. For a traditional delivery, short-term disability policies will usually provide up to six weeks of leave for a vaginal delivery, and sometimes up to eight weeks for a cesarean section.

can i sign up for short term disability while pregnant? Yes, if a physician suggests that it isn’t safe for you to perform your normal job duties, you can apply for disability.

is pdl paid in california? Pregnancy Disability Leave (PDL) is a California state law that provides eligible employees with unpaid, job-protected leave when they have a pregnancy, childbirth, and/or pregnancy-related physical and mental conditions.

can you go on disability for pregnancy? Yes, as long as the employee’s health care provider deems it appropriate and decides you are unable to perform normal work duties.

can i file for disability while pregnant? Typically, if someone is pregnant, they can receive Disability Insurance (DI) before and after their due date to recover from childbirth.

how long is disability leave in california for pregnancy? It can depend on the employee affected, but usually they can receive benefits up to four weeks before an expected delivery, and up to six weeks after delivery.

is maternity leave long term disability? Usually it is considered short-term disability.

can you get disability for bedrest during pregnancy? According to California law, PDL is available when an employee is actually disabled. “This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.”