Pregnancy Disability Leave (PDL)

Pregnancy Disability Leave (PDL)

Employers with five or more employees are covered by California’s pregnancy disability leave law. Employers with more than 50 employees, and with employees eligible for state or federal family and medical leave, will also need to follow the steps outlined in Family and Medical Leave (FMLA) and California Family Rights Leave (CFRA) when administering leaves related to pregnancy and baby-bonding.

Employers and employees both must follow notice requirements relating to PDL. State law requires employers to post specific notices for employees explaining their right to leave for pregnancy disability. You must post the PDL notice in a conspicuous place where applicants and employees tend to congregate. Employees must also give appropriate notice of the need for PDL to their employers.

Employer Posting and Notice Requirements for PDL. The required poster(s) depends upon how many employees your company has. Employers of five to 49 employees must post the “Notice A: Your Rights and Obligations As A Pregnant Employee” from the California Department of Fair Employment and Housing (DFEH). The poster is available in English or Spanish (Pregnancy Disability Leave-Notice A 5-49 Employees and Pregnancy Disability Leave Notice A 5-49 Employees Spanish). The poster (Notice A) should include information about:

An employee’s right to request reasonable accommodation, transfer, or a pregnancy disability leave.
Employees’ notice obligations to provide advance notice to the employer if the employee needs reasonable accommodation, transfer, or a pregnancy disability leave.
Any employer requirement that the employee provide medical certification of the need for pregnancy disability leave, reasonable accommodation, or transfer.

An electronic posting may be used to meet the posting requirement, as long as the electronic posting meets all the requirements of the law.

Employers with 50 or more employees (and thus covered by FMLA/CFRA leave laws) must post the “Notice B: Family Care and Medical Leave and Pregnancy Disability Leave.” This poster is available in English or Spanish.

An employer must also give an employee a copy of the relevant PDL notice as soon as practicable after the employee tells the employer of her pregnancy, or sooner if the employee inquires about reasonable accommodation, transfer or pregnancy disability leaves.

Employers with 50 or more employees must also give a copy of Notice A to an employee seeking PDL if the employee is not yet eligible for FMLA/CFRA.

In addition to the required notification, California’s DFEH provides informational brochures that you can distribute to employees. No legal requirement exists to distribute the DFEH brochures.

Requirements for Non-English Speaking Employees. If 10 percent or more of your work force at any location have a primary language other than English, you must translate the notice (Notice “A” or “B”) into the language or languages spoken by the group(s) of employees. You must also make a reasonable effort to give either verbal or written notice in the appropriate language to any employee who you know is not proficient in English, and for whom written notice was not previously given in her primary language. Once you know the employee is pregnant, provide verbal or written notice, including information about pregnancy disability leave, reasonable accommodation, and transfer.

Employee Handbooks and PDL. If you publish an employee handbook that describes other types of reasonable accommodation, transfers or temporary disability leaves, you are encouraged to include a description of pregnancy disability leave (including reasonable accommodation and transfers) in the next edition of your handbook. Alternatively, you may give employees a copy of the appropriate notice (Notice “A” or “B”) at least annually. The annual notice may be by electronic mail.

Employee Request for PDL. An employee must provide at least verbal notice to make you aware that she needs a PDL, reasonable accommodation or transfer, and the anticipated timing and duration of the leave, reasonable accommodation or transfer. If the need for the leave or transfer is foreseeable, an employee must provide you with at least 30 days’ advance notice before a leave, reasonable accommodation or transfer is to begin. The employee must consult with you and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to your operations. Any scheduling must be approved by the employee’s health care provider.

If 30 days’ advance notice is not possible due to a lack of knowledge of when the leave, reasonable accommodation or transfer will begin, a change in circumstances or a medical emergency, or other good cause, the employee must notify you as soon as possible.

You cannot deny a pregnancy disability leave, reasonable accommodation or transfer that is an emergency or is otherwise unforeseeable on the basis that the employee did not provide advance notice of the need for the leave, accommodation or transfer.

Responding to a Request for PDL. You must respond to a request for pregnancy leave, reasonable accommodation or transfer request as soon as possible, but no later than 10 calendar days after receiving the request. You should attempt to respond to the leave request before the date the leave is due to begin. Once the request for leave has been approved, it is retroactive to the first day of the leave.

You are required to give a copy of “Notice A” (Your Rights and Obligations as a Pregnant Employee) or “Notice B” (if applicable) as soon as practicable, to any employee who requests a pregnancy disability leave, a transfer, or reasonable accommodation.