Human Resources Manual - CalHR
2120 - Pregnancy Disability Leave
Category
Leave
Audience List
Employee Relations Officers
Personnel Officers
Personnel Transactions Supervisors
Synopsis
This policy
Provides the definition of Pregnancy Disability Leave.
Provides the length of Pregnancy Disability Leave entitlement.
Identifies disabilities that qualify for Pregnancy Disability Leave and how to qualify for Pregnancy Disability Leave.
Discusses when leave can be taken and how to calculate leave entitlement for intermittent use.
Provides an illustration of using Pregnancy Disability Leave, Family Medical Leave Act leave, and California Family Rights Act leave.
Provides information on the continuation of health benefits.
Discusses each department’s requirement to track Pregnancy Disability Leave usage.
Introduction
Pregnancy Disability Leave (PDL) is an unpaid leave for a period of actual disability caused by pregnancy, childbirth, or related medical conditions. PDL is provided for a maximum of four months, as medically needed.
Statement
Leave Entitlement and Employer’s Duty to Accommodate
As outlined in the California Civil Rights Department (CRD) regulations, a female employee disabled by pregnancy is entitled to up to four months of unpaid PDL. The PDL regulations clarify that disabled by pregnancy includes the following conditions/situations: severe morning sickness, gestational diabetes, pregnancy induced hypertension, preeclampsia, post-partum depression, prenatal or postnatal care, bed rest, childbirth, loss or end of pregnancy, recovery from childbirth or loss/end of pregnancy, and lactation (medical condition related to pregnancy).
While PDL is an unpaid leave, the female employee may elect to use leave credits including accrued sick leave during any unpaid portion of PDL. Four months is defined as 17.33 weeks. If the employer provides more than four months (17.33 weeks) of unpaid leave for other types of disabilities, the same leave must be made available to female employees who are disabled due to pregnancy, childbirth, or a related medical condition. Accordingly, the result is that there is a statutory floor of four months of PDL.
Unlike leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), there is no 1,250 minimum hours worked requirement under PDL. Rather, to qualify for PDL the female employee need only provide medical verification certifying she is disabled by pregnancy, as described above. If the female employee is disabled by pregnancy, she is entitled to a reasonable accommodation, or a transfer to a less strenuous position, as prescribed by the health care provider. Leave can be taken during any time the employee is physically unable to work because of pregnancy or a pregnancy related condition. Leave can be taken before or after birth, intermittently, or continuously. As PDL can be used intermittently, female employees on PDL can break the continuity of dock. When calculating the female employee’s intermittent leave entitlement, multiply 17.33 by the employee’s regular weekly work schedule. For example, a female employee who is regularly scheduled to work 40 hours per week would be entitled to 693 hours of PDL. Again, as stated above, if the employer provides greater than four months (17.33 weeks) of unpaid leave for other types of disabilities, the same leave must be afforded to the female employed disabled by pregnancy. For example, if the employer provided unpaid leave for six months for other types of disabilities, then the employer would multiply six months times the female employee’s regular weekly work schedule to determine the employee’s intermittent leave entitlement. If the female employee works an irregular schedule, the employer should look to the previous four months to determine the average number of hours worked per week.
PDL runs concurrently with any leave entitlement to which the employee may be eligible under the FMLA. For example, if the employee takes 4 months of PDL, her entitlement to 12 weeks of FMLA leave would run concurrently. Employees are entitled to take PDL
in addition
to any leave entitlement they may have under the CFRA. For example, if an employee’s doctor takes her off work for 14 weeks based on a disability related to the pregnancy, she would take the 14 weeks PDL which would run concurrently with her FMLA leave, and up to 12 weeks CFRA leave to bond with her baby. The 12 weeks of CFRA leave for baby bonding runs consecutively to the PDL leave, i.e. when the PDL leave ends.
The state follows the calendar method for calculating the 12-week entitlement period in which employees may take FMLA/CFRA leave, meaning from January 1 through December 31 of each year, an employee is entitled to a maximum of 12 weeks of FMLA/CFRA leave. Pursuant to state law, in the event the CFRA leave entitlement for baby bonding crosses two calendar years, the employee would be entitled to the maximum benefit in each calendar year. For example, if the employee started her baby bonding on December 15, 2015, she would take two weeks of her 12 week entitlement in calendar year 2015. Then on January 1, 2016, the clock would reset and she would be entitled to a new 12 week baby bonding leave entitlement under CFRA, meaning she would be afforded a total of 14 weeks of bonding leave for the birth of the baby. Bonding leave must be completed within one year of the event.
Benefit Coverage During PDL
Pursuant to California Code of Regulations, title 2, section 11044, the state employer shall maintain up to four months of health, dental, and vision benefits for female employees on PDL.
Coordination of Health Insurance Coverage with Other Employee Benefits
FMLA/CFRA
If the female employee is eligible for CFRA, then the employee may take leave under CFRA, and the state employer is required to continue benefits for the employee while she is on CFRA. Bonding leave is not limited to female employees. Eligible male employees may take up to 12 weeks of bonding leave under CFRA. The regulations clearly provide that benefits continuation under FMLA or CFRA cannot be used to satisfy any of the four months of PDL benefits continuation. The entitlements to employer-paid group health coverage during pregnancy disability leave and during CFRA leave are two separate and distinct entitlements. Accordingly, benefits can continue under PDL/FMLA (concurrent), and CFRA (consecutive), up to a total of 29.33 weeks.
State Disability Insurance (SDI)/Nonindustrial Disability Insurance (NDI)
Pursuant to the Employment Development Department (EDD), which administers the SDI (applicable to bargaining units (BU) ,1 3, 4, 11, 14, 15, 17, 20, and 21) and NDI (applicable to excluded employees and rank-and-file employees in BU’s 2, 5, 6, 7, 8, 9, 10, 12, 13, 16, 18, and 19) programs, the usual disability period for a normal pregnancy is up to four weeks before the expected delivery date and up to six weeks after the actual delivery. However, a physician/practitioner may certify a longer period if the delivery is by Cesarean section, if there are medical complications, or if the female employee is unable to perform her regular or customary job duties based on a disability due to pregnancy. Under both the SDI and NDI programs, the employer will pay the employer’s portion of the health benefits premium for up to 26 weeks.
FlexElect
Reimbursement account and/or cash option (Flex or CoBen) enrollment will stop while the employee is on an unpaid leave of absence. If the employee returns to pay status in the same plan year, the enrollment will resume. Reimbursement account deductions will continue for employees who have sufficient pay issue to cover the deduction during any given pay period. Pay may issue for time worked, leave credits used to cover the FMLA, CFRA, or PDL absence, NDI or ENDI payments, or supplementing SDI with the use of leave credits.
If an employee is enrolled in the medical reimbursement account and wishes to continue to submit claims for services provided during the leave of absence, the employee may elect to continue making contributions through COBRA.
Application
Employment History/Payroll Processing
Departments are required to track FMLA, CFRA and PDL hours used by the employee. Accurate record keeping is necessary and subject to audit by CalHR.
Departmental Human Resources staff is responsible for documenting a PDL leave of absence and requesting pay and benefit coverage via the State Controller’s Office (SCO). PDL processing instructions can be found in SCO Personnel Letter #15-008.
Authorities
California Code of Regulations, title 2, section 11035
Resources
FAQs
California Civil Rights Department - Pregnancy
: Frequently Asked Questions
Employment Development Department - Pregnancy
: Frequently Asked Questions
PML
PML 2014-019
: PML 2014-019 - 8/18/2014 - Pregnancy Disability Leave
Related Policies
2107
: Family Medical Leave Act / California Family Rights Act
Web Pages
Certification of Health Care Provider for PDL, Transfer, and/or Reasonable Accommodation
: California Civil Rights Department
Employee's Rights and Obligations as a Pregnant Employee
: Employee's Rights and Obligations as a Pregnant Employee
Family Care and Medical Leave and Pregnancy Disability Leave
: Notice B California Civil Rights Department
Pregnancy Disability Leave Brochure
: California Civil Rights Department
SCO Leave Accounting Letter #14-009
: Pregnancy Disability Leave
SCO Leave Accounting Letter #14-011
: California Family Rights Act
SCO Personnel Letter #15-008
: Pregnancy Disability Leave Processing Instructions
Authorized By
Melissa Russell
Chief
Personnel Management Division
Contact Person
Personnel Services Branch
Personnel Program Consultant
, Personnel Services Branch
Email:
psb@calhr.ca.gov
Superseded Policies
Not Applicable.
History
View History
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Table of Contents
Expand All
1000 - Equal Employment Opportunity
1001 - Equal Employment Opportunity (EEO) Officer Role
1002 - Nondiscrimination Statements
1003 - Bilingual Services
1004 - Reasonable Accommodation for Pregnancy, Childbirth, or Related Medical Condition
1005 - Upward Mobility Program
1007 - Monitoring Qualifications Appraisal Panel Composition
1009 - Employee Demographic Data Collection
1010 - Discrimination Complaint Tracking System (DCTS)
1100 - Selection
1102 - Limited Three-Rank Model
1103 - Human Resources (HR) Liaison Training
1105 - Eligibility Withhold Process
1106 - Job Analysis (JA)
1107 - Limited Examination and Appointment Program (LEAP)
1108 - Steps in the Selection Process
1109 - Policy Resolution Process
1200 - Appointments
1201 - Student Assistants
1203 - Career Executive Assignments (CEA)
1204 - Nepotism
1205 - Military Seniority
1206 - Retired Annuitants
1207 - Hiring Preference for Student Assistants and Internships
1208 - Promotions in Place
1209 - Casual Employment
1210 - Special Consultant
1211 - Criminal History Background Checks
1212 - Temporary Appointments (TAU)
1213 - Unlawful Appointments
1214 - Extension of Probationary Periods
1215 - Rescinding a Job Offer/Refusing to Employ a Person Who Has Accepted an Offer of Employment
1216 - Non-testing Classifications
1217 - Intermittent Employees
1218 - Additional Appointments
1300 - Exempt Employees
1301 - Exempt Employee Salary
1302 - Exempt Lump Sum Payments
1303 - Exempt Out of Class Assignments
1400 - Benefits and Insurance
1401 - Health Benefits
1402 - Affordable Care Act
1403 - Dental
1404 - Vision
1405 - Domestic Partners
1406 - Consolidated Benefits (CoBen)
1407 - FlexElect
1408 - Consolidated Omnibus Budget Reconciliation Act (COBRA)
1409 - Health and Wellness
1410 - State Disability Insurance (SDI)
1411 - Non-Industrial Disability Insurance (NDI)
1412 - Industrial Disability Leave
1413 - Group Long Term Disability Insurance
1414 - Temporary Disability
1415 - Workers' Compensation
1416 - Workers' Compensation Administrative Time Off
1417 - Workers' Compensation Liability Between Departments
1418 - Employee Assistance Program
1419 - Group Legal Services Insurance
1420 - Basic Group Life Insurance
1421 - Supplemental Life Insurance
1422 - Other Post-Employment Benefits (OPEB) Prefunding
1423 - 25-Year State Service and Retirement Awards
1424 - Dependent Re-verification (DRV)
1425 - Bicycle Commuter Program
1426 - Universal Administrative Fees
1427 - Employer Notification Requirements on Premium Assistance Programs
1428 - Employer Notification Requirements – Consumer Coverage Disclosure for Employees in the State of Illinois
1500 - Work Schedules
1501 - Non-Standard Work Schedule Policy for Work Week Group E/SE
1502 - Flexible Work Arrangements
1503 - Alternate Work Week Schedule Policy for Work Week Group 2
1600 - Commute and Parking Programs
1601 - Third Party Pre-Tax Parking Reimbursement Account Program Policy
1602 - Mass Transit Commute Program
1603 - Vanpool Commute Program
1700 - Compensation
1701 - Pay Warrants
1702 - Arduous Pay
1703 - Timely Payment of Wages
1704 - Salary Upon Transfer to a Deep Class
1705 - Safety Footwear
1706 - Managerial Appointments
1707 - Hiring Above Minimum (HAM)
1708 - Computing Overtime
1709 - Seniority Calculations
1710 - Discretionary Salary Action Corrections
1711 - Furlough Program
1712 - Holiday Guidance
1713 - Overtime Compensation (Cash in Lieu of Benefits)
1714 - Part-time Employee Compensation
1715 - Compensation Request Policy
1716 - Timekeeping and Timesheet Submission
1800 - Savings Plus
1801 - Contribution Rates
1802 - Transfer Leave Credits and Catch-Up
1803 - Underfunded Savings Plus Accounts
1804 - Rehired Annuitants
1806 - Part-time, Seasonal, and Temporary Employees Retirement Program (PST)
1807 - Leave Buy-Back, Option to Transfer to Savings Plus 401(k) Plans Enhancement for Fiscal Year 2023/24
1900 - Bona Fide Associations
1901 - Bona Fide Associations Policy
2000 - Collective Bargaining
2001 - Union Notices
2002 - Confidential Designations
2003 - Delegated Agreements
2004 - Union Release Time Bank
2005 - Bulletin Boards
2006 - Decertification
2007 - State Bar Dues
2008 - Personal Services Contract Notices
2009 - Performance Appraisal and Individual Development Plan
2010 - Public Employee Communication
2100 - Leave
2101 - Leave Accounting
2102 - Annual Leave
2103 - Vacation
2104 - Leave Buy-Back
2105 - Sick Leave
2106 - Influenza Season
2107 - Family Medical Leave Act / California Family Rights Act
2108 - Family School Partnership Act
2109 - Holidays for Excluded Employees
2110 - Personal Holidays
2111 - Holiday Informal Time Off (ITO)
2112 - Professional Development Day
2113 - Personal Leave Program (PLP)
2114 - Voluntary Personal Leave Program (VPLP)
2115 - Bereavement Leave
2116 - Catastrophic Leave
2117 - Jury Duty
2118 - Military Leave
2119 - Mentoring Leave
2120 - Pregnancy Disability Leave
2121 - Administrative Time Off (ATO)
2122 - Leave of Absence
2123 - Parr Lawsuit Leave
2124 - Employee Leave Management
2125 - Volunteer Relief Leave Program
2126 - Absence Without Leave (AWOL)
2127 - Covid-19 Supplemental Paid Sick Leave 2022
2128 - National Disaster Medical System Leave
2129 - Reproductive Loss Leave
2130 - Wounded Warriors Transitional Leave Act - Sick Leave
2200 - Travel/Relocation
2201 - Travel and Relocation Policy
2202 - Mileage Reimbursement
2203 - Allowances and Travel Reimbursements
2300 - State Owned Housing
2301 - State Owned Housing (SOH) Policy
2400 - Employee Recognition
2401 - Employee Recognition Policy
2402 - HR Credentialing Program
2600 - Layoffs
2601 - Layoffs
2602 - State Restriction of Appointments (SROA)
2603 - Reemployment
2700 - Retirement
2701 - CalPERS Contribution Rates and Benefit Formulas
2702 - State Safety Retirement
2703 - Peace Officer/Firefighter Retirement (POFF)
2704 - CalPERS 1959 Survivor Benefit Program
2705 - Disability Retirement
2706 - Employer Notification Requirements – Social Security Requirement
2800 - Training
2801 - Leadership Training and Development Requirements
2900 - Workforce Planning
2901 - Workforce and Succession Plan Requirements
3000 - Examination and Hiring
3001 - State Application Filing Guidelines
3002 - Minimum Qualifications (MQs) Calculating Experience & Verification of MQs Prior to Appointment
3003 - Petitions to Participate in Examinations
3004 - Statement of Qualifications
3005 - Using 511B Form
3006 - Examination Announcements and Application Filing Guidelines
3007 - Anonymous Hiring
3100 - Drug-Free Workplace
3101 - Tobacco and Marijuana Use
3200 - Medical Screening
3201 - Controlled Substance Abuse Testing and Treatment Program
3202 - Pre-Employment Medical Examination Selection
3300 - Apprenticeships
3301 - Civil Service Traditional and Non-Traditional Apprenticeship Programs
3400 - Temporary Assignment
3401 - Training and Development Assignment
3500 - Classification Plan
3501 - Establishing and Revising Classification Specifications