CFRA, FMLA, PDL—it’s a regular alphabet soup when it comes to keeping up with the laws related to managing possible pregnancy leave options in California. Let’s take a look to see what leaves may apply.
Which leave statute applies when?
First, let’s take a look at which leave statutes apply for pregnancy-related leaves. First, employees can use FMLA leave during or after pregnancy, for either a serious health condition or for time off for the birth, adoption, or placement of a child.
Separately, employees can use CFRA leave after pregnancy to bond with their newborn baby, but not during. “Instead of using CFRA leave during pregnancy, California employees are entitled to leave under California’s Pregnancy Disability Leave Act.” Joseph Wilson explained in a recent CER webinar. This highlights some of the key differences between FMLA and CFRA: FMLA can be used during pregnancy, while CFRA cannot. Instead, pregnant California employees are entitled to use California’s Pregnancy Disability Leave (PDL).
How much leave is available in total?
Since different statutes apply at different times, this can make the total amount of leave add up very quickly for someone who has a disability during pregnancy.
“Under the PDL, employees get up to 4 months of pregnancy disability leave for women, during the time in which they are actually disabled due to pregnancy, childbirth or [related] medical conditions.” Wilson told us.
After taking their PDL leave, employees are then entitled to take their CFRA baby-bonding leave. (This would run concurrently with FMLA, if FMLA was not already exhausted). So California employees can get up to a maximum of 7 months of leave—up to 4 months of PDL prior to the birth, and 12 weeks (approximately 3 months) of baby bonding leave afterward.
Remember also, PDL leave may be taken after the baby is born, so long as the mother is still disabled. “Most doctors will certify that a woman is unable to work for 6 weeks after child birth.” Wilson noted. An employee could take any remaining PDL for these weeks and then start CFRA baby bonding leave after.
Also remember that CFRA bonding leave may be taken at any time in the first year after the baby is born – and it can be taken by either the mother or the father.
The above information is excerpted from the webinar “Leave, Disability & Workers’ Comp in California: Tips for Successfully Navigating the Tricky Triangle.” To register for a future webinar, visit CER webinars.
Attorney Joseph Wilson is a founding partner of Curiale Wilson LLP in San Francisco. His practice is focused on employment defense litigation, including misclassification, wage and hour claims, discrimination, wrongful termination, harassment, California Private Attorney General Act (PAGA) actions, and breach of contract cases.