Leave for Pregnancy Disability and Child Bonding

Employees in California who are disabled by pregnancy, childbirth, or a related medical condition are entitled to job-protected leave under both state and federal laws. The laws that govern this type of leave are known as Pregnancy Disability Leave (PDL), California Family Rights Act Leave (CFRA), and Family & Medical Leave Act (FMLA). Below are some common questions related to those laws.

What are my eligibility requirements?

PDL - Employer must have 5 or more employees.

CFRA - Employee must have worked more than one year, 1250+ hours in the past year, and employer must have 5 or more employees.

FMLA - Employee must have worked more than one year, 1250+ hours in the past year, and employer must have 50 or more employees within a 75-mile radius.

How much leave do I get?

PDL - Up to 4 months. PDL will run at the same time as FMLA.

CFRA - Up to 12 weeks within one year of child's birth, adoption, or start of foster care. CFRA leave will run after PDL.

FMLA - Up to 12 weeks within one year of child's birth, adoption, or start of foster care.

Am I required to take leave al at once?

PDL - No. Leave may be taken all at once or intermittently.

CFRA - No. Baby bonding leave can be taken in separate 2-week blocks.

FMLA - Maybe. You are entitled to intermittent leave if you have a serious pregnancy-related health condition. Otherwise, employer must approve intermittent leave requests.

Will I lose my job while on leave?

PDL - No. Employer must reinstate you to your same or comparable job.

CFRA - No. Employer must reinstate you to your same or comparable job.

FMLA - No. Employer must reinstate you to your same or comparable job.

Will I be paid on leave?

PDL - Employer is required to pay accrued paid time off. Otherwise, you must apply for State Disability Insurance (SDI) through the EDD.

CFRA - Employer is required to pay accrued paid time off or if it has a policy of paying employees while on CFRA. Otherwise, you must apply to EDD for Paid Family Leave (PFL).

FMLA - Employer is required to pay accrued paid time off or if it has a policy of paying employees while on CFRA. Otherwise, you must apply to EDD for State Disability Leave or Paid Family Leave.

Am I required to use sick/vacation time?

PDL - Employer may require you to use sick time unless you are receiving SDI from EDD.

CFRA - Employer may require you to use vacation time unless you are receiving PFL from EDD to bond with a new child. However, employer may not require you to use sick leave.

FLMA - You can elect to use, or your employer may require you to use vacation time or sick leave.

Will my employer continue to pay for my health coverage?

PDL - Yes, as long as your employer normally pays for those benefits. If you contribute to a portion of your health insurance premium through your paychecks, then employer can require you to continue contributing to maintain health insurance while on leave.

CFRA - Yes, as long as your employer normally pays for those benefits. If you contribute to a portion of your health insurance premium through your paychecks, then employer can require you to continue contributing to maintain health insurance while on leave.

FMLA - Yes, as long as your employer normally pays for those benefits. If you contribute to a portion of your health insurance premium through your paychecks, then employer can require you to continue contributing to maintain health insurance while on leave.