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Pregnancy Disability Leave
An employer must provide up to four months disability leave for a
woman who is disabled due to pregnancy, childbirth, or a related medical
condition. However, if an employer provides more than four months
of leave for other types of temporary disabilities, the same leave
must be made available to women who are disabled due to pregnancy,
childbirth, or a related medical condition. Eligibility
for pregnancy leave
A woman who works for a covered employer is eligible for pregnancy
disability leave regardless of the length of time she has worked
for the employer. Further, an employee does not have to work full-time
in order to be eligible.
Conditions for which a leave may be taken
Pregnancy leave is required only when a woman is actually disabled
by her pregnancy, childbirth, or a related medical condition. This
includes time off needed for prenatal care, severe morning sickness,
doctor-ordered bed rest, childbirth, recovery from childbirth, and
any related medical condition. A woman does not have to be completely
incapacitated or confined to her bed to qualify as being disabled
by pregnancy. However, as a general rule, a woman must be unable
to perform one or more essential functions of her job without undue
risk to herself or to other persons or without undue risk to successful
completion of her pregnancy. It is the medical opinion of the woman's
physician or health care provider that determines whether she is
disabled by pregnancy or a related medical condition.
Leave does not have to be taken at one time
Leave taken for pregnancy disability does not have to be taken at
one time. Leave can be taken before or after birth or at any period
of time the woman is physically unable to work because of the pregnancy
or pregnancy-related condition. Periods of leave may be totaled
in computing the four months of leave.
Periodic absences for pregnancy-related illnesses
Periodic absences for pregnancy-related illness of limited duration
taken prior to an actual leave may be subtracted from the four months
of disability leave for pregnancy. However, if the employer does
not subtract intermittent leave from other types of disability leave,
the employer may not subtract from pregnancy disability leave.
Pregnancy disability leave and California
Family Rights Act (CFRA) leave
A woman who takes a pregnancy disability leave is also entitled
to take a CFRA leave if she meets the eligibility requirements for
a CFRA leave. That means that a woman who is eligible for CFRA leave
could take up to four months of pregnancy disability leave for her
pregnancy disability and could also be entitled to up to 12 weeks
of CFRA leave to bond with the baby, or for another CFRA qualifying
event such as to bond with an adopted child, or to care for a parent,
spouse or child with a serious health condition.
Intermittent leave or reduced work schedule
If a woman's health care provider indicates that intermittent leave
or a reduced work schedule is medically advisable and foreseeable
based on planned medical treatment, an employer may require the
employee to transfer to an alternative position. The alternative
position must better accommodate recurring periods of leave than
does the employee's regular job. Although the alternative position
need not have equivalent duties, it must have an equivalent rate
of pay and benefits and the employee must be qualified for the position.
Transfer to an alternative position may include altering an existing
position to accommodate the employee's need for intermittent leave
or a reduced work schedule.
Reasonable Accommodation
Employers are required to provide reasonable accommodation to a
pregnant employee when requested, with the advice of her health
care provider, related to her pregnancy, childbirth, or related
medical condition.
If you are a victim of Los Angeles pregnancy discrimination in the workplace, contact a Los Angeles pregnancy discrimination lawyer at our law firm today to set up a consultation. We help victims of discrimination in the workplace, including pregnancy discrimination and pregnancy leave discrimination. Our Los Angeles pregnancy discrimination attorney gives clients information about what to do if they encounter discrimination at work.
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