Ruben Limonjyan | January 11, 2023 | Workplace Discrimination

California Pregnancy Leave: A Guide to FMLA, PDL & CFRA

California is among the few states that provide family medical care and pregnancy disability leave (PDL). Pregnancy and family medical leaves can be tricky for employees and employers. Understanding FMLA, PDL, and CFRA can help you manage these leaves better.

What is the FMLA?

The FMLA is a law that requires certain employers to offer their employees unpaid, job-protected leave for specific qualifying events. These events include the birth of a child, adoption, or the need to care for a loved one with a severe health condition.

You are eligible for FMLA leave if you have worked for your employer for not less than twelve months and more than 1,250 hours in the 12 months before the start of your leave. In addition, if you qualify, you can take an unpaid leave of not more than 12 weeks per year for specific events without the fear of being terminated or experiencing other negative consequences.

What is the California Family Rights Act (CFRA)?

The California Family Rights Act is a law that provides employees in California with certain rights to take time off work to care for themselves or family members. Like the FMLA, the CFRA requires certain employers to provide their employees with unpaid, job-protected leave for qualifying events.

To be eligible for CFRA leave, you must have worked for your employer for not less than 12 months and more than 1,250 hours in the last 12 months preceding your leave. If you are eligible, you can take an unpaid leave of up to 12 weeks annually for specific events without fear of retaliation or experiencing other repercussions.

What are the Differences Between FMLA and CFRA?

Although FMLA and CFRA seem similar, a few differences set them apart. They include:

  • The CFRA applies to employers with 50 or more employees, while the FMLA applies to employers with 50 or more employees in a 75-mile radius within the office location.
  • The CFRA provides leave for the birth or placement of a child, while the FMLA does not. However, the FMLA provides leave for the adoption of a child, while the CFRA does not.
  • The CFRA applies only to California employers and employees, while the FMLA applies to employers and employees across the United States.

What is Pregnancy Disability Leave?

Pregnancy disability leave (PDL) is a leave that caters to employees who are pregnant and unable to work due to pregnancy-related conditions. Pregnancy disability leave is available to you if you work for a covered employer and have a pregnancy-related condition that makes you unable to work.

This may include conditions such as morning sickness, prenatal care, childbirth, and recovery from childbirth. In most cases, pregnancy disability leave is available to both full-time and part-time employees.

Contact a Pregnancy Discrimination Lawyer Today

The attorneys at Limonjyan Law Group believe you should not have to choose between your family and your job. They understand employees’ challenges and are ready to fight to protect your rights. Contact us to schedule a consultation today.