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PREGNANCY

BABY BONDING LEAVE

 

In California, if you have at least 12 months of service with your employer (and have worked at least 1,250 hours during the previous 12-month period), and your employer employs at least 20 employees within 75 miles of your worksite, you are entitled to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement.

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THE PREGNANCY DISCRIMINATION ACT ("PDA") 

 

The Pregnancy Discrimination Act (“PDA”) protects employees “on the basis of pregnancy, childbirth or related medical conditions,” including current pregnancy, past pregnancy, potential or intended pregnancy or a medical condition related to pregnancy or childbirth. 

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Who is Entitled to Pregnancy Disability Leave?

 

If your employer employs five or more employees and you have a pregnancy disability, you are eligible for PDL. There is no minimum requirement for number of hours or years worked to be eligible. Your health care provider should recommend PDL for you to apply for it. 

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Employees Make Time Leave, Intermittent Leave, or Be Entitled to Accommodations for a Pregnancy Disability

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PDA allows employees to take additional leave time for any medical complications associated with a pregnancy. This leave does not need to be taken all at one time and may be taken intermittently. Intermittent PDL is taking leave in small increments, which can be hours, days, weeks or months. This could mean taking a few hours off every day, or taking a few days or weeks off at a time.

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Additionally, you may be entitled to accommodations if you have a pregnancy disability, such as:

 

  • Modifying work duties to be less strenuous. (Cal. Code Regs., tit. 2, §§ 11040 & 11035(s)(2)).

  • Use of a stool or chair while performing work duties. (Cal. Code Regs., tit. 2, §§ 11040 & 11035(s)(4)).

  • Temporary transfer to a less strenuous or hazardous job. (Cal. Code Regs., tit. 2, § 11041).

  • Longer or more frequent breaks. (Cal. Code Regs., tit. 2, § 11035(s)(5)).

  • Private lactation accommodations. (Cal. Code Regs., tit. 2, § 11035(s)(5)).

  • Pregnancy Disability Leave (PDL). (Cal. Code Regs., tit. 2, § 11042.

  • Additional leave as a reasonable accommodation at the end of PDL.

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