Legal Question in Medical Leave in California

Pregnancy Leave

My wife works for a company that employs less than 50 people but more than 5. Is her employer required to hold her job for her when she takes pregancy leave? If so, for how long and under what conditions? We are having some confusion figuring out how the 4 month PDL and the 6 week CA SDI (pregnancy) benefit work together.


Asked on 10/02/06, 7:02 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Pregnancy Leave

She gets a 16 week pregnancy leave, and can also coordinate a 12 week FMLA leave if employed for a year. If she is refused proper leave, or retaliated against, contact me.

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Answered on 10/03/06, 9:17 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Pregnancy Leave

You and your wife are facing a very important question. Pregnancy leave under FMLA - Family Medical Leave Act and/or CFRA - California Family Rights Act ONLY applies if your wife works for an employer who has OVER 50 employees within 75 miles of her employment location AND she has worked at least one full year and at least 1250 hours in that one year. At said time, she would qualify for protected medical leave under FMLA/CFRA of up to 12 weeks. However, PDL - Pregnancy Discrimination Leave under the FEHA - Fair Employment and Housing Act provides for additional leave which may also apply.

I suggest your wife looks to her employee handbook and human resources for guidance in applying for leave. Even if she does not qualify for said leaves, her employer can voluntarily provide the leave and/or offer said leave in the handbook.

Best of Luck with the baby. Sincerely, Beth Mora

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Answered on 10/04/06, 1:09 pm


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