I continually get questions regarding Pregnancy Disability Leave (PDL) in California so here is a general overview of the regulations.

Any employer with 5 or more employees must offer PDL. There is no length of service requirement so employees become eligible at their date of hire. The maximum amount of time for PDL is 4 months (or 88 working days or 704 hours). Part-time employees are entitled to a pro-rated amount and the PDL may be taken on an intermittent basis.

The specific types of absences covered are:
â?¢ Pregnancy
     o Severe morning sickness
     o Prenatal care
â?¢ Childbirth
â?¢ Related medical conditions
     o Such as a miscarriage

The employer may require a medical certification as long as it requires medical certifications for other types of disabilities. The employer should provide a written job description for the medical provider and ask that the medical certification state whether the employee can continue doing their job and/or the anticipated begin and return to work disability dates.

PDL is generally unpaid unless the employer provides pay for other types of disability leave. The employer can require that employees use their paid sick leave to cover PDL and employees can elect to use their vacation and/or PTO paid leave, as well. The employer doesnâ??t have to continue to provide health benefits unless it continues health benefits for other types of disabilities. Employees who take PDL are eligible for State Disability Leave.

Employees are entitled to be returned to the position they left upon their return to work.

Keep in mind that if your employees are also eligible for FMLA/CFRA leave (generally 50 or more employees), PDL becomes more complicated and you have to comply with all the laws.

Human Resources 4U can help with your leave policies.

Human Resources 4U is a full service Human Resources consulting company specializing in small and midsize businesses. Note: This article is presented with the understanding that we are not engaged in rendering legal advice. If legal advice is required, the services of a competent attorney should be sought.