Am I Receiving Enough Pregnancy Leave for My Job?
Being able to leave work while pregnant is proven to be beneficial for both the child and the parent. It also happens to be protected by law. All Americans are covered by the Family Medical Leave Act (FMLA), but California has additional laws like the California Family Rights Act (CFRA), and the Pregnancy Disability Leave law(PDL).
What Are My Legal Pregnancy Rights in California?
If you are an employee at a company that employs more than fifty employees, you may be eligible for up to seven months off. However, many employees will not be eligible for all seven months of leave. Both the FMLA and CFRA ensure that employees get at least 12 weeks of unpaid leave during childbirth, pregnancy, and child adoption.
- Pregnancy Disability Leave Law: If health complications arise during or after pregnancy that make job functions very difficult or impossible, PDL allows for up to four more months to recover from injuries.
- Paid Short-Term Disability and Family Leave: Most employers in California a required to carry short-term disability insurance, which allows for paid time-off in the event of pregnancy disabilities. A state insurance fund may also provide financial benefits for up to six weeks.
- Existing Health Benefits: While on leave for pregnancy, employers must maintain the same medical benefits they offer while you are working.
Eligibility for pregnancy leave is determined by multiple factors. The number of employees in the company you work for, whether you are categorized as an employee or contractor, and how many employees work for the company within a 75-mile radius are factored into the decision. In many cases, employers fail to give pregnancy leave when it is the employee’s legal right by miscategorizing employees as contractors, or overlooking pregnancy leave laws.
Los Angeles pregnancy leave attorneys at Kesluk, Silverstein, Jacob & Morrison, P.C. are dedicated to make sure your employer is giving you the time off you need.