Pregnancy Disability Leave (PDL) in California: A Complete Guide
Pregnancy Disability Leave (PDL) is one of California’s most important protections for pregnant employees. Under the California Fair Employment and Housing Act (FEHA), eligible employees are entitled to take up to four months of job-protected leave if they are disabled by their pregnancy, childbirth, or a related medical condition. If your employer has denied or interfered with this right, our pregnancy discrimination attorneys in Los Angeles can help you enforce it.
Who Is Eligible for PDL?
PDL applies broadly to employees who:
- Work for an employer with five or more employees (part-time and temporary workers count toward the threshold)
- Are disabled by pregnancy, childbirth, or a related medical condition
Critically, unlike many other leave laws, there is no minimum length of employment requirement for PDL in California. Even brand-new employees may be entitled to PDL if their pregnancy has created a disability.
What Does "Disabled by Pregnancy" Mean?
Under California law, a person is “disabled by pregnancy” if they are unable to perform one or more essential functions of their job due to pregnancy, childbirth, or a related medical condition, or if performing those functions would endanger their health or the health of their child. This broad definition can include:
- Morning sickness severe enough to prevent an employee from working
- A high-risk pregnancy requiring bed rest or reduced activity
- Recovery from childbirth, including Caesarean section recovery
- Postpartum depression or other post-delivery medical conditions
- Any pregnancy-related condition certified by a licensed healthcare provider
How Long Is PDL?
PDL in California provides up to four months of leave per pregnancy, equating to the number of days you would normally work in a four-month period. PDL does not have to be taken all at once, it can be taken intermittently or as a reduced work schedule if that is medically advisable.
Job Protection During PDL
PDL is job-protected leave. When you return, your employer must reinstate you to either the same position you held before your leave, or a comparable position with equivalent pay, benefits, hours, location, and working conditions. Your employer cannot terminate you or change the material terms of your employment because you took PDL. Doing so constitutes illegal retaliation.
Health Benefits During PDL
During PDL, your employer must maintain the group health insurance coverage you had before your leave under the same terms and conditions. If you were paying a portion of your health insurance premiums before your leave, you continue to be responsible for that portion during your leave.
PDL and CFRA: How They Work Together to Maximize Your Leave
PDL and leave under the California Family Rights Act work as separate entitlements that can be taken back-to-back, something explained in detail on our CFRA vs. FMLA comparison page. PDL runs concurrently with federal FMLA leave, but not with CFRA leave. This means many California employees can take up to four months of PDL followed by 12 weeks of CFRA bonding leave, a combined total of approximately seven months of protected leave.
What If Your Employer Denies Your PDL Request?
If your employer denies your request for PDL, interferes with your right to take it, or terminates you after you return from leave, you have legal remedies available, including lost wages, emotional distress damages, and reinstatement.
How to Request PDL
To request PDL, notify your employer that you need leave for a pregnancy-related medical condition. Your employer may require written certification from your healthcare provider. When the need for leave is foreseeable, you should give reasonable advance notice. In emergencies, you may begin leave without prior notice and provide documentation as soon as reasonably practicable.
Why Choose Employee Rights Attorney Group?
If your employer has denied, interfered with, or retaliated against you for taking PDL, Attorney Diana Gevorkian and our team can help you enforce your rights and recover compensation for your losses. We have extensive experience with California’s pregnancy leave laws and offer free, confidential consultations.
Schedule Your Free Consultation Today
If you believe you have been discriminated against because of your pregnancy or a pregnancy-related condition, our experienced California employment attorneys are ready to fight for your rights. We offer free, confidential consultations with no obligation to hire us.
