Pregnancy Disability Leave (PDL)

What Is Pregnancy Disability Leave?

Pregnancy Disability Leave (PDL) is a California-mandated leave that provides employees with up to four months of job-protected time off when they are disabled by pregnancy, childbirth, or a related medical condition. Unlike the California Family Rights Act (CFRA), which is for bonding with a new child, PDL specifically covers the period when an employee is medically unable to work due to pregnancy-related conditions.

PDL is governed by the California Fair Employment and Housing Act (FEHA), specifically Government Code Section 12945, and provides some of the strongest pregnancy protections in the United States. California law treats pregnancy disability as any other temporary disability, ensuring that pregnant employees receive the same accommodations and leave rights as employees with other disabling conditions.

California Requirements

Employer Coverage

PDL applies to all California employers with 5 or more employees, regardless of:

Factor	Coverage
Full-time or part-time status	All count toward threshold
Location of employees	Must have 5+ in California
Type of business	Private, public, nonprofit all covered
Industry	All industries covered

Employee Eligibility

Unlike CFRA, there are NO eligibility requirements for PDL:

Requirement	PDL	CFRA
Length of service	None	12 months
Hours worked	None	1,250 hours
Worksite size	None	5 employees within 75 miles

Key Point: From day one of employment, any employee disabled by pregnancy is entitled to PDL protections.

What Qualifies as Pregnancy Disability

Covered Conditions

PDL covers any physical or mental condition related to pregnancy that makes an employee unable to perform essential job functions. This includes:

Category	Examples
Pregnancy complications	Severe morning sickness, gestational diabetes, preeclampsia, placenta previa
Childbirth	Labor, delivery, and recovery
Related conditions	Post-partum depression, mastitis, recovery from C-section
Prenatal/postnatal care	Doctor appointments, medical tests, bed rest
Loss of pregnancy	Miscarriage, stillbirth, recovery from termination

Determining Disability

An employee is considered "disabled" by pregnancy when, in the opinion of her health care provider, she is:

• Unable to perform one or more essential functions of her job
• Unable to perform these functions without undue risk to herself or others
• Unable to perform without undue risk to the pregnancy's successful completion

Leave Duration and Calculation

Maximum Leave Entitlement

Measurement	Amount
Per pregnancy	Up to 4 months
Calculation basis	Based on employee's normal work schedule
For full-time employee	Approximately 17.3 weeks (88 working days)
For part-time employee	Pro-rated based on normal schedule

Calculating 4 Months of Leave

"Four months" means the number of days the employee would normally work in four calendar months.

Example Calculations:

Work Schedule	Four Months Equals
5 days/week (40 hours)	88 working days or 693 hours
4 days/week (32 hours)	70 working days or 554 hours
3 days/week (24 hours)	52 working days or 416 hours
Variable schedule	Average hours over preceding 4 months

Intermittent Leave

PDL can be taken:

• Continuously: One uninterrupted period of leave
• Intermittently: In separate blocks of time
• Reduced schedule: Working fewer hours per day or week

Example: An employee with severe morning sickness might take PDL intermittently, working reduced hours during her first trimester, then return to full-time work once symptoms subside.

Reasonable Accommodation Requirements

Before and Instead of Leave

Before granting PDL, employers must engage in an interactive process to determine if reasonable accommodation would allow the employee to continue working. Accommodations may include:

Type of Accommodation	Examples
Modified duties	Light duty, no heavy lifting, no exposure to chemicals
Schedule changes	Different start/end times, additional breaks
Work environment	Seating, proximity to restroom, temperature control
Equipment	Ergonomic chair, footrest, standing desk
Transfer	Temporary transfer to less strenuous position
Work from home	Telework when job permits

Transfer Rights

Employees have the right to transfer to a less strenuous or hazardous position if:

• The employee requests the transfer
• The transfer is medically advisable
• The employer can reasonably accommodate the transfer

The transfer must be to a comparable position (same pay and benefits) if one is available.

Pay During PDL

PDL Is Unpaid Leave

PDL itself is unpaid leave. However, employees may receive income through:

Source	Description
California State Disability Insurance (SDI)	Approximately 60-70% of wages, up to maximum
Accrued sick leave	Employee may choose to use paid sick leave
Accrued vacation/PTO	Employee may choose to use accrued time
Employer disability plan	If employer offers short-term disability benefits

Employer Requirements Regarding Pay

Employer Can	Employer Cannot
Offer paid PDL as a benefit	Require use of sick leave for PDL
Allow use of accrued leave	Require use of vacation for PDL
Coordinate with SDI benefits	Deny SDI supplement if offered to other disabled employees

Important: Employers must treat pregnant employees the same as other temporarily disabled employees regarding pay, leave, and benefits.

Notice and Certification Requirements

Employee Notice

Situation	Notice Requirement
Foreseeable leave	30 days advance notice when possible
Unforeseeable leave	As soon as practicable
Intermittent leave	Reasonable effort to schedule appointments to minimize disruption

Medical Certification

Employers may require medical certification that includes:

• Date on which the employee became disabled
• Probable duration of the period of disability
• Statement that the employee is unable to perform essential job functions due to pregnancy-related condition

Employers may NOT require:

• Diagnosis beyond what's necessary to establish PDL eligibility
• Invasive medical examinations
• Disclosure of genetic information

Job Protection and Reinstatement

Guaranteed Reinstatement

Employees returning from PDL are entitled to:

Right	Description
Same position	Return to exact position held before leave
Comparable position	If same position no longer exists, substantially similar position
Same pay	Same rate of pay as before leave
Same benefits	Same benefits, including accrued seniority

When Reinstatement May Be Denied

An employer may deny reinstatement ONLY if it can prove:

• The employee would not have been employed at the time of reinstatement regardless of leave (e.g., position eliminated for legitimate business reasons)
• The employee was terminated for legitimate, non-discriminatory reasons

Burden of Proof: The employer bears the burden of proving reinstatement is not required.

Health Insurance Continuation

Employer Obligations

Requirement	Details
Duration	Up to 4 months of PDL
Level of coverage	Same as if employee were actively working
Employer contribution	Must continue paying employer's share
Employee contribution	Employee must continue paying their share

COBRA and Cal-COBRA

If an employee does not return from PDL, they may be entitled to continue health coverage under COBRA or Cal-COBRA at their own expense.

Coordination with Other Leaves

PDL and CFRA: Understanding the Difference

Feature	PDL	CFRA
Purpose	Pregnancy-related disability	Bonding with new child, family care, own serious health condition
Duration	Up to 4 months	Up to 12 weeks
Timing	During pregnancy disability	After PDL ends (for baby bonding)
Run concurrently?	NO	Runs separately after PDL

Maximum Leave for Pregnancy and Bonding

A pregnant employee may be entitled to:

PDL:  Up to 4 months (pregnancy disability)
CFRA: Up to 12 weeks (baby bonding after recovery)
─────────────────────────────────────────────
Total: Up to approximately 7 months

PDL and FMLA

Unlike CFRA, federal FMLA does run concurrently with PDL for pregnancy-related disability. This means:

Scenario	PDL	CFRA	FMLA
Pregnancy disability	Runs	Does not run	Runs concurrently
Baby bonding after recovery	N/A	Runs	Runs concurrently

Practical Impact: After PDL and CFRA, an employee working for an FMLA-covered employer may have exhausted their federal leave but still have California protections.

Using Paid Leave During PDL

Type of Paid Leave	Can Employee Use?	Can Employer Require?
Sick leave	Yes, employee's choice	No
Vacation/PTO	Yes, employee's choice	No
SDI	Yes, automatic application	N/A
Employer STD	Per policy terms	Per policy terms

Prohibited Discrimination and Retaliation

Unlawful Employer Actions

Employers may NOT:

• Refuse to hire because of pregnancy
• Terminate because of pregnancy or pregnancy-related condition
• Force an employee to take leave if she can work with or without accommodation
• Demote, reduce hours, or change job duties because of pregnancy
• Harass an employee because of pregnancy
• Retaliate for requesting PDL or accommodation
• Treat pregnancy less favorably than other temporary disabilities

Protected Activities

Employees are protected from retaliation for:

• Requesting PDL or accommodation
• Filing a complaint about pregnancy discrimination
• Participating in an investigation of discrimination
• Opposing practices they reasonably believe are unlawful

Employer Compliance Obligations

Required Notices

Notice	When Required	Method
General notice (DFEH-100-21)	Ongoing	Posted in workplace
Individual notice	When employee becomes pregnant or requests information	Provided directly to employee
Notice of PDL rights	When employer learns of pregnancy	Written notice

Posting Requirements

Employers must post the "Your Rights and Obligations as a Pregnant Employee" notice (DFEH-100-21) in a conspicuous location in the workplace.

Record-Keeping

Maintain records for at least 4 years:

• PDL requests and approvals
• Medical certifications
• Accommodation requests and responses
• All communications related to pregnancy leave

Enforcement and Remedies

Filing a Complaint

Employees may file complaints with:

Agency	Deadline	Process
Civil Rights Department (CRD)	3 years from violation	Administrative investigation
Private lawsuit	After right-to-sue letter or 1 year after filing with CRD	Court action

Available Remedies

• Reinstatement to former position
• Back pay and lost benefits
• Compensatory damages (emotional distress)
• Punitive damages (in egregious cases)
• Attorney's fees and costs
• Injunctive relief

Best Practices for Employers

Developing PDL Policies

1. Create written policy clearly explaining PDL rights
2. Integrate with accommodation policy to ensure interactive process
3. Train supervisors on proper response to pregnancy disclosures
4. Establish clear procedures for requesting leave and certification
5. Document consistently all leave requests and decisions

Interactive Process Checklist

When an employee discloses pregnancy:

• Provide written notice of PDL rights
• Ask if employee needs accommodation
• Engage in interactive process to identify accommodations
• Consider all reasonable accommodations before granting leave
• Document the process and decisions
• Maintain confidentiality of medical information

Common Compliance Errors

Error	Correct Approach
Requiring doctor's note before discussing leave	Provide PDL information as soon as pregnancy is known
Automatically placing pregnant employee on leave	Discuss accommodation options first
Requiring sick leave use during PDL	Allow employee to choose whether to use accrued leave
Running PDL and CFRA concurrently	Keep them separate; CFRA baby bonding runs after PDL
Failing to continue health benefits	Maintain coverage for full PDL period

Practical Example

Scenario: Jennifer works full-time as a marketing coordinator. She is pregnant with her first child and experiences complications requiring bed rest at 32 weeks. Her expected delivery date is 8 weeks away, and her doctor estimates she'll need 6 weeks recovery after a vaginal delivery.

Leave Timeline:

Period	Leave Type	Duration
Bed rest before delivery	PDL	8 weeks
Recovery after delivery	PDL	6 weeks
Total PDL		14 weeks
Baby bonding	CFRA	12 weeks
Total leave		26 weeks (6+ months)

Pay During Leave:

• Weeks 1-14 (PDL): SDI benefits (~60-70% of wages) + any employer STD supplement
• Weeks 15-22 (CFRA bonding): Paid Family Leave benefits (~60-70% of wages)
• Weeks 23-26 (CFRA bonding): Unpaid or use accrued vacation

Employer Obligations:

1. Maintain Jennifer's health insurance for full PDL period
2. Continue health insurance during CFRA leave
3. Guarantee reinstatement to same or comparable position
4. Not count leave against her in performance evaluations or attendance policies

This example illustrates how California's pregnancy protections can provide nearly 7 months of job-protected leave for employees needing extended time for pregnancy and bonding.