Q&A’s
Am I eligible for pregnancy disability leave if I’ve worked for my employer for less than a year?
Yes! If there are at least 5 employees working at your company, then you are eligible for pregnancy disability as soon as you begin your employment.
Do I have to use my accrued sick or vacation leave if I take pregnancy disability leave?
Your employer can require you to use your accrued sick leave while you are on a leave of absence for a pregnancy related disability. It is your choice whether or not to use your accrued vacation leave while you are taking leave under the PDLL.
Do I have to give my employer a note from my doctor to take time off work?
It is always a good idea to obtain a doctor’s note if you need reasonable accommodations or time off work because of a disability. The law requires you to provide a medical certification if your employer asks for one.
Can I take Pregnancy Disability Leave and leave under the New Parent Leave Act?
If you are eligible for leave under both the Pregnancy Disability Leave Law and the New Parent Leave Act, you can take pregnancy disability leave for the time you are disabled because of pregnancy, childbirth, or a related medical condition and then, when you are no longer disabled, you can take an additional 12 weeks of bonding leave.
Can I take 12 weeks of leave under the New Parent Leave Act and 12 weeks of leave under the California Family Rights Act?
No, you cannot take leave under both the New Parent Leave Act and the California Family Rights Act. The New Parent Leave Act applies when there are 20-49 employees within a 75-mile radius of your worksite. The California Family Rights Act applies when there are 50 or more employees within a 75-mile radius of your worksite.
Is the CFRA the same as the FMLA?
No, while the CFRA and the FMLA have many similarities, there are many differences and each law needs to be looked at separately.
Can an employee take 12 weeks of FMLA plus an additional 12 weeks of CFRA in a year?
Under most circumstances, the CFRA and the FMLA run at the same time and an employee can only receive a total of 12 weeks of leave under both laws. There is one notable exception when an employee has a serious health condition due to pregnancy, childbirth, or a related medical condition. If an eligible employee uses leave under the FMLA while also taking leave under the PDLL, then that employee will still have 12 weeks of CFRA leave remaining when their leave under the PDLL ends regardless of the amount of FMLA used while the employee was taking pregnancy disability leave.
What is a serious health condition under the CFRA?
A serious health condition under the CFRA is one that requires inpatient care or continuing treatment or supervision by a health care provider.
What is a serious health condition under the CFRA?
A serious health condition under the CFRA is one that requires inpatient care or continuing treatment or supervision by a health care provider.
How often can I take FMLA leave?
If you are an eligible employee with a qualifying reason for leave, you can take up to 12 weeks of leave in a 12 month period or, for military caregiver leave, up to 26 weeks of leave in a single 12 month period.
Can my employer require me to use my accrued sick or vacation leave while I’m taking FMLA leave?
Under the FMLA your employer may require you to use your accrued sick or vacation leave. If your employer does not require to use your accrued sick or vacation leave, you can choose to.
Can my employer’s lactation room be used for things besides pumping?
If your employer has a multipurpose room used for lactation, then its use for lactation purposes takes priority during the time it is needed for lactation and must be free from intrusion during that time.
The EDD sent me paperwork about Paid Family Leave when my Disability ended following childbirth, is my job protected if I take Paid Family Leave?
Taking Paid Family Leave does not provide you with job protection. If you are able to take job protected leave under another law, such as the NPLA or CFRA, then the Paid Family Leave program will provide you with partial wage replacement. But the Paid Family Leave Program does not provide employees with any job protection.
Does Paid Family Leave provide me with an additional 6 weeks of time off work to bond with my baby?
The Paid Family Leave program does not provide employees with time off work or job protection under any circumstances. It does provide wage replacement benefits for up to six weeks for eligible types of leave.
