Pregnancy can be brutal. Many pregnant people love being pregnant, but too many people face debilitating symptoms. Thankfully, in addition to some federal protections, the state of California offers Pregnancy Disability Leave (PDL) to ease some of the concerns of keeping your job while you manage these symptoms. If you have faced negative employment actions from your company due to a request for PDL or denied PDL, you may benefit from speaking with our San Diego pregnancy discrimination attorney with Walker Law.
How do I get Pregnancy Disability Leave?
To qualify for Pregnancy Disability Leave, you must simply face a pregnancy-related disability and work for a company with five or more employees. The California Civil Rights Department enforces PDL policies and complaints regarding eligibility. Some qualifying symptoms for PDL include:
Severe morning sickness
Prenatal and postnatal care
Required bed rest
Recovering from the end of or loss of pregnancy
Recovering from childbirth
Lactation conditions such as mastitis
Written Notice
While you will likely automatically qualify for PDL with a pregnancy-related disability, you must request the benefits to receive them. Ideally, this is done in writing to your employer 30 days before you expect to need it. However, if the need is more urgent, you can notify your employer as soon as you know you will need leave.
Once you request leave, your employer should provide a written guarantee that you will be reinstated to your same job. However, they may request a physician certification that confirms your need for leave or accommodations.
How does PDL Help?
At its core, PDL gives you, as an employee, the ability to take care of yourself and your pregnancy for up to four months without fear of losing your job. However, the way this is implemented may vary depending on the company. For example, some companies may require the concurrent use of remaining PTO or sick time. You may benefit from using these prior to applying for leave, or if you use them concurrently, you can receive pay for a portion of your leave. The law does not require employers to pay employees for this leave, though some may. However, you may be able to utilize short-term disability benefits for this time to recover a portion of your income.
Flexibility
PDL can be helpful in that you do not have to take the full leave at once. For example, you may have an adjusted schedule allowing you to come in late or leave early to accommodate times of sickness or pain. You may work four hours a day instead of eight, or four days instead of five a week. You may also take days here and there for appointments or just a couple of weeks as you and your physician determine necessary. This means you may be able to take time for appointments and care and use some of the time following delivery.
Violations
If you have concerns that your employer is illegally restricting or refusing access to your pregnancy disability leave benefits, you have a couple of options for recourse. A critical component of any action is documentation, so you may want to ensure you have communication with your employer documented through e-mail. You may follow the complaint process through the California Civil Rights Department, which may decide to pursue an investigation. You may also choose to retain a pregnancy discrimination attorney who can help you navigate any of these processes.
