PREGNANCY LEAVE RIGHTS IN CALIFORNIA

Congratulations on your pregnancy! In California, you have strong protections as a pregnant employee—even if you just started your job. Here’s a clear breakdown of your rights and what you may want to discuss with Human Resources (HR):

✅ Your Rights Under California and Federal Law

1. Pregnancy Disability Leave (PDL)

• California law gives you up to 4 months of job-protected leave if you are disabled by pregnancy, childbirth, or a related condition.
• You are entitled to PDL regardless of how long you’ve worked for your employer (no minimum service requirement).
• Your employer must maintain your health insurance benefits during this leave.

2. Reasonable Accommodations

• If your doctor recommends restrictions (e.g., no heavy lifting, more breaks, modified duties), your employer must provide “reasonable accommodations” unless it causes undue hardship.
• Examples: a stool to sit, flexible scheduling, telework, or light-duty assignments.

3. Family and Medical Leave (FMLA / CFRA)

• If you have worked for your employer at least 12 months and 1,250 hours, you may also qualify for up to 12 weeks of job-protected leave to bond with your baby under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA).
• Bonding leave is in addition to PDL, so many new mothers take PDL first (for medical recovery) and then CFRA bonding leave. 
  

4. Paid Sick Leave & State Benefits

• California law requires employers to provide paid sick leave, which you can use for prenatal visits or pregnancy-related illness.
• You may qualify for California State Disability Insurance (SDI) during pregnancy disability leave, and Paid Family Leave (PFL) for bonding with your child after birth. These programs replace part of your wages.

5. Protection from Discrimination & Retaliation

• Your employer cannot fire you, demote you, or reduce your hours because of pregnancy or for taking pregnancy-related leave.
• They cannot deny you opportunities because you are pregnant or plan to take leave.

💬 What to Discuss with Human Resources

When you meet with HR, you may want to cover:

1. Your Expected Due Date
   • Provide a doctor’s note if needed. This will help HR plan for your PDL timeline.
2. Leave Options & Benefits
   • Ask: “How does the company handle Pregnancy Disability Leave, CFRA/FMLA bonding leave, and Paid Family Leave?”
   • Confirm whether your job will be protected and how benefits continue during leave.
3. Accommodations During Pregnancy
   • If you need adjustments (lifting restrictions, more breaks, telework), tell HR and provide a doctor’s note.
4. Pay During Leave
   • Ask: “What paid leave options does the company offer, and how do they coordinate with state SDI/PFL benefits?”
5. Transition Plan
   • Discuss how your workload will be managed while you’re on leave and when you expect to return.

Here’s a sample email you can send to HR to start the conversation about your pregnancy, rights, and leave planning in California:

Subject: Pregnancy Leave and Accommodation Planning

Dear [HR Representative’s Name],

I wanted to let you know that I am pregnant, with an expected due date of [insert due date]. I would like to begin a conversation about how best to plan for my leave and any accommodations I may need during my pregnancy.

Specifically, I’d like to confirm:

• The company’s process for Pregnancy Disability Leave (PDL) and how it works with California Family Rights Act (CFRA) / Family and Medical Leave Act (FMLA) bonding leave.
• What options are available for income replacement (e.g., use of paid sick time, vacation time, or coordination with California State Disability Insurance and Paid Family Leave benefits).
• Any steps I should take to request reasonable accommodations if my doctor recommends work modifications during pregnancy.
• How my health insurance and other benefits will be handled while I’m on leave.

My goal is to work together on a smooth transition plan that ensures continuity of work while also protecting my health and preparing for my leave. Please let me know what information you need from me (such as medical certification or forms) and a good time to discuss next steps.

Thank you very much for your support. I look forward to working with you on this.

Best regards,

[Your Full Name]

[Your Job Title]

Or you could also send the following more informal email. 

Subject: Planning for Pregnancy Leave

Hi [HR Representative’s Name],

I wanted to share that I’m expecting, with a due date of [insert due date], and would love to connect about next steps for leave planning. Could you let me know:

• How the company handles pregnancy disability and bonding leave (PDL/CFRA/FMLA)
• What benefits or pay options I should know about (including state disability and paid family leave)
• Any forms or paperwork I should get started on

I’m happy to provide any medical notes if needed and would also like to discuss accommodations if my doctor recommends them. Please let me know a good time to chat.

Thanks so much for your help!

Best,

If you should have any questions or are in need of further information, please call the Law Offices of Timothy D. McGonigle for a free confidential consultation.  Telephone number: (800) 713-5260