California Pregnancy Disability Leave Law (PDL) – Updated

It’s reasonable to expect fair treatment at all times when you are in the workplace. Being discriminated against or being treated unfairly can result in legal action against your employer if you decide to pursue it. When you are pregnant, you are protected by California’s comprehensive and inclusive labor laws regarding medical leave, financial assistance, and more. It’s vital that you understand how the California Pregnancy Disability Leave Law affects your situation.

When you are trying to make sure your job doesn’t interfere with your pregnancy disability leave, you may want to consider consulting with a lawyer to ensure that everything is properly taken care of. Having an experienced pregnancy discrimination attorney on your side can help facilitate your needs. It’s important that you hire someone who understands pregnancy discrimination laws and has experience with California pregnancy discrimination cases.

Hire a Pregnancy Discrimination Lawyer

Throughout your situation, whatever it may be, it’s important that you hire a pregnancy discrimination lawyer to help you work through your case. Having the right lawyer by your side can mean the difference between winning and losing your case. Esperanza Anderson has considerable experience taking on large companies and defending individuals who need real help. She speaks fluent Spanish and isn’t afraid to fiercely advocate for her clients.

Pregnancy discrimination is not rare in California, unfortunately. According to recent data collected by the Equal Employment Opportunity Commission (EEOC), there were 150 cases of workplace discrimination in California in 2024 that were directly connected to an employee’s pregnancy. If you are pregnant and unable to take disability leave because of your employer’s interference, you should contact an employment lawyer as soon as you can and file a claim.

Dealing with employment problems while you’re pregnant is not something you should have to worry about. Unfortunately, you may have to anyway. To help you handle your pregnancy and your disability claim, you may want to consider reaching out to one of the many mental health support groups throughout California, such as CalHOPE or Finding Your Calm as a Mom. It can be healthy to surround yourself with people going through similar ordeals and problems.

California Pregnancy Disability Leave Law

Pregnancy Disability Leave, or PDL, is a state law that provides job protection, financial help, and more to pregnant employees who are not able to work due to their pregnancy, recovery from childbirth, or a related medical condition. While California is an at-will employment state, that doesn’t give your employer the right to fire you for any reason. Being fired because you’re pregnant violates the state’s labor laws. If this happens, you should contact a lawyer soon.

In order to qualify for PDL, you must be a resident of California and a current employee. You must have a state-defined disability as a result of your pregnancy, recovery, or medical condition that was caused by pregnancy. Finally, you have to have worked for your current employer for at least five consecutive months prior to becoming pregnant.

The benefits of the PDL program include up to four months of leave per pregnancy, automatic job protection upon your return, and broad coverage that includes additional medical needs for anything that is connected to your pregnancy. This includes prenatal or postnatal care, doctor-ordered bed rest, and recovery from childbirth.

To apply for the PDL program, you have to notify your employer of your pregnancy and subsequent disability. You will need to get a medical certificate from your doctor and file a claim with the California Employment Development Department (EDD). If your employer tries to refuse your PDL or fires you because of your pregnancy, you need to contact an employment lawyer and start working on a case for wrongful termination and pregnancy discrimination.

FAQs

What Is the PDL Law in California?

The Pregnancy Disability Leave, or PDL, law in California is a state law that requires all employers with at least five employees to provide those employees with up to four months of unpaid leave for pregnancy or childbirth recovery. In those months, their jobs are completely protected and will be there when the employees are medically ready to return. This program is temporary but can run concurrently with the federal FMLA program.

Are PDL and FMLA the Same Thing?

No, PDL and FMLA are not the same thing. However, they are both programs that focus on helping families dealing with life-changing events. Pregnancy Disability Leave, or PDL, is a state-funded program that provides eligible employees with job-protected pregnancy leave. The Family and Medical Leave Act, or FMLA, is a federal program that offers eligible employees time to overcome serious health conditions, bond with a new child, or take care of ill family members.

Is There a Waiting Period for Pregnancy Disability Leave in California?

Yes, there is a waiting period for Pregnancy Disability Leave in California. That waiting period is generally seven days. This essentially means that your first week is unpaid, and benefits truly begin on the eighth day of your claim. If you apply for Paid Family Leave, or PFL benefits, then that waiting period is waived if you are found to be eligible for it after your pregnancy disability has ended.

Should I Speak With an Employment Lawyer?

Yes, you should speak with an employment lawyer. If you are choosing to apply for PDL benefits and you are concerned that your employer may be reluctant to let you take the leave you need, consult with an employment lawyer about your options. You may have more power than you think. Your employer cannot legally stop you from taking PDL leave if you qualify, and doing so could result in legal action against them for trying.

Reach Out to an Employment Lawyer Today

Pregnancy should be a joyous and exciting occasion where you focus on bringing a new life into this world. You shouldn’t have to worry about your job during all this. PDL leave makes sure your job is protected for at least four months. If any retaliatory actions are taken against you, an employment lawyer can help you figure out your next steps. Contact us to speak to Esperanza Anderson directly about your concerns.