California Pregnancy Disability Leave Lawyer

Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.

California gives employees who are disabled by pregnancy, childbirth or a related medical condition the right to take up to four months of job-protected leave, known as pregnancy disability leave or PDL (Gov. Code § 12945). The right applies to employers with five or more employees, and unlike most leave laws it has no minimum length of service: an employee is covered from her first day on the job. During the leave, the employer must continue her group health coverage on the same terms as if she were working, and at the end of the leave she is generally entitled to return to the same position.

These protections are often ignored in practice. Employees are told their job could not be held, are let go shortly after returning, are laid off while on leave when no one else is, or are discouraged from taking the leave at all. Rise Law Firm represents employees throughout California who were fired, denied reinstatement or otherwise penalized for pregnancy, pregnancy disability leave or baby-bonding leave. We represent employees only.

Who is covered and what pregnancy disability leave provides

When an employee is “disabled by pregnancy”

An employee is disabled by pregnancy when, in the opinion of her health care provider, she cannot perform one or more of the essential functions of her job because of pregnancy, or cannot perform them without undue risk to herself, the pregnancy or others (Cal. Code Regs., tit. 2, § 11035(f)). The regulations give examples, including severe morning sickness, prenatal or postnatal care, bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, postpartum depression, childbirth, loss or end of a pregnancy, and recovery from any of these. That list is illustrative, not exhaustive. PDL also covers routine prenatal and postnatal appointments, even when the pregnancy is going normally and nothing is wrong.

PDL does not have to be taken all at once. It can be taken intermittently or on a reduced schedule, for example for prenatal appointments or periods of bed rest, when the employee’s health care provider advises it. Only the time actually taken counts toward the four-month limit. A two-hour prenatal appointment uses two hours of PDL, not a full day, and the employer must track intermittent leave in increments of no more than one hour (Cal. Code Regs., tit. 2, § 11042).

What the law provides

• Up to four months of leave per pregnancy. “Four months” means the days the employee would normally work in four calendar months, which is 17⅓ weeks for a full-time employee taking leave continuously (Cal. Code Regs., tit. 2, § 11035(l)). The leave lasts as long as the employee is actually disabled, up to that limit.
• Continued health coverage. The employer must maintain the employee’s group health coverage during PDL at the same level and under the same conditions as if she were working, for up to four months (Gov. Code § 12945(a)(2)). The employer continues to pay its share of the premium, and the employee remains responsible for any share she would normally pay.
• The right to return to the same position. An employee returning from PDL is guaranteed the same position, and the employer must provide that guarantee in writing if she asks. The employer may substitute a comparable position, or refuse reinstatement, only if it proves that she would not have held the position anyway for legitimate business reasons unrelated to the leave, such as a genuine layoff (Cal. Code Regs., tit. 2, § 11043). Once she says she is ready to return, the employer generally must reinstate her within two business days.
• Seniority and status. The leave is not a break in service, and the employee returns with no less seniority than she had when the leave began (Cal. Code Regs., tit. 2, § 11044). Bonuses depend on the terms of the bonus plan, but an employer may not deny or reduce a bonus because of PDL when it would not do so for employees on other kinds of temporary disability leave, and a bonus the employee already earned must be paid.

Is PDL paid?

PDL itself is unpaid unless the employer pays for other temporary disability leaves. Most employees receive income from State Disability Insurance (SDI) through the California Employment Development Department. During the unpaid portion of the leave, the employer may require the employee to use accrued sick leave, or she may choose to use it. The employer may not require her to use vacation or paid time off, but she may choose to use it (Cal. Code Regs., tit. 2, § 11044(b)).

Notice and medical certification

Where the need for leave is foreseeable, the employer may ask for reasonable advance notice, generally 30 days, of the start and expected length of the leave. The employer may also require a certification from the employee’s health care provider. An emergency, such as a sudden complication, does not forfeit the right to leave because advance notice was not possible.

Baby-bonding leave, accommodation and lactation

PDL and CFRA baby-bonding leave

PDL covers the time an employee is disabled by pregnancy or childbirth. It does not cover time to care for and bond with a new child. That leave comes from the California Family Rights Act (CFRA), which provides up to 12 weeks of job-protected leave to bond with a child within one year of the child’s birth (Gov. Code § 12945.2). CFRA applies to employers with five or more employees, and an employee is eligible if she has worked for the employer for at least 12 months and at least 1,250 hours in the year before the leave.

The two leaves are separate, and baby-bonding leave under CFRA begins after PDL ends. An eligible employee who is disabled by pregnancy for the full four months can therefore take up to about seven months of protected leave in total. Leave can last longer if the employer’s own policies provide more, or if additional leave is a reasonable accommodation for a pregnancy-related condition that qualifies as a disability under FEHA or the ADA. An employee who has not yet worked for the employer for a year is still entitled to PDL, even though she does not yet qualify for CFRA. During bonding leave, many employees receive Paid Family Leave benefits through the California Employment Development Department. At the end of CFRA leave, the employer must return the employee to the same or a comparable position.

For employers with 50 or more employees, the federal Family and Medical Leave Act (FMLA) also provides up to 12 weeks of leave, which can be used for a serious pregnancy-related health condition or to bond with a new child. FMLA leave generally runs at the same time as PDL or CFRA leave, rather than adding to it.

Accommodation and transfer

An employee does not have to stop working to be protected. An employer may not refuse a reasonable accommodation for a condition related to pregnancy or childbirth when the employee requests it on the advice of her health care provider (Gov. Code § 12945(a)(3)). Accommodations can include modified duties, a temporary change in schedule, more frequent breaks, a stool or chair, help with lifting, or limits on exposure to hazards. An employee may also request a temporary transfer to a less strenuous or less hazardous position for the duration of the pregnancy, on her physician’s advice, where the transfer can be reasonably accommodated.

The federal Pregnant Workers Fairness Act, which applies to employers with 15 or more employees, provides similar accommodation rights.

Lactation

After returning to work, an employee has the right to reasonable break time and a private place, other than a restroom, to express breast milk (Lab. Code §§ 1030–1034). Under FEHA, discrimination based on breastfeeding is a form of sex discrimination (Gov. Code § 12926), and an employer may not penalize an employee for asking for lactation breaks or space.

Fired during or after pregnancy disability leave

It is unlawful for an employer to deny PDL, to interfere with an employee’s attempt to take it (Gov. Code § 12945(a)(4)), to refuse to reinstate her without a lawful reason, or to fire, demote or otherwise discriminate against her in the terms and conditions of employment because of pregnancy, a pregnancy-related condition or the leave itself (Gov. Code §§ 12940(a), 12945). Retaliation for requesting leave or accommodation is also prohibited (Gov. Code § 12940(h)).

These are situations we see often:

• An employee is told her position was filled or “could not be held” while she was on leave.
• An employee returns from leave and is let go within weeks, often for performance issues that were never raised before.
• An employee is selected for a “layoff” while on leave, but her duties are given to someone else or the position is posted again.
• An employee returns to a lower-level position, reduced hours, fewer accounts or a different shift.
• An employee is pressured to shorten her leave, or is told that taking the full leave will hurt her career.
• An employee who asks for an accommodation, such as limits on lifting, is instead placed on leave or let go.

These are common examples, not a complete list.

Layoffs during leave

PDL does not protect an employee from a layoff that would have happened if she had been working. If a whole department or location is closed for legitimate business reasons unrelated to the leave, the employer’s obligation to reinstate ends with the layoff (Cal. Code Regs., tit. 2, § 11043(c)(3)). When an employer refuses reinstatement, however, it must prove that the employee would not otherwise have held her position (Cal. Code Regs., tit. 2, § 11043(c)(1)), and a “layoff” that falls on one employee who happens to be on leave deserves close scrutiny.

Signs the stated reason is not the real one

Close timing between a protected absence and a termination is strong evidence, particularly if your record was good before and your employer provides inconsistent or questionable reasons for your termination. Other signs include comments about your pregnancy, your leave, your childcare or your commitment to the job; a replacement hired or promoted while you were out; and coworkers who took other kinds of leave without consequences. These are examples, and other facts can also show that the stated reason was not the real one.

If this happened to you, keep track of the dates of your pregnancy disclosure, leave requests, leave and return, and of each event that followed. Save any emails, texts, performance reviews and leave paperwork you already have, but do not take confidential company documents. You can read more on our pregnancy discrimination page and our article on being fired on medical leave in California.

Deadlines (statutes of limitations) and compensation

The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.

Depending on the facts, an employee who was fired or denied reinstatement may recover lost wages and benefits, both to date and into the future, damages for emotional distress, and, where the employer acted with malice, oppression or fraud, punitive damages (public entities are not liable for punitive damages under Gov. Code § 818). An employee who prevails under FEHA can also recover her attorney’s fees and costs (Gov. Code § 12965).

Frequently asked questions

Do I have to work for my employer for a year before I can take pregnancy disability leave?

No. PDL has no minimum length of service or hours requirement. If your employer has five or more employees and your health care provider certifies that you are disabled by pregnancy, you are entitled to PDL from your first day of work. The one-year requirement applies to CFRA baby-bonding leave, not to PDL.

Can my employer fire me while I am on pregnancy disability leave?

Your employer may not fire you because of your pregnancy, your leave or a pregnancy-related condition. A termination during leave is lawful only if it would have happened anyway for legitimate business reasons unrelated to the leave, such as a genuine layoff that would have included you if you had been working. Terminations during or shortly after leave are closely scrutinized, and the employer must be able to prove its reason.

My employer says my position was filled while I was out. Is that allowed?

An employer may fill the position temporarily while an employee is on leave, but it must return her to that position when she comes back. Hiring a permanent replacement while she was out does not excuse the employer from that obligation. The employer may offer a comparable position or refuse reinstatement only in the limited circumstances the regulations allow, and it bears the burden of proving them.

How long can I be off work for pregnancy and a new baby in California?

Up to four months of PDL while you are disabled by pregnancy or childbirth, followed by up to 12 weeks of CFRA leave to bond with your child if you are eligible, for a total of up to about seven months. Your employer may also offer more leave under its own policies.

Does my employer have to pay me or keep my health insurance during PDL?

Your employer does not have to pay your wages during PDL unless it pays for other temporary disability leaves, but most employees receive State Disability Insurance benefits, and you may use accrued vacation or paid time off. Your employer must continue your group health coverage during PDL for up to four months on the same terms as if you were working, which means it continues to pay its share of the premium and you continue to pay any share you normally pay. If you do not return to work, the employer may in some cases recover the premiums it paid, but not if you are taking CFRA leave or cannot return because of a health condition or another reason beyond your control.

I asked for light duty while pregnant and was put on leave instead. Is that legal?

Not necessarily. If your health care provider recommends an accommodation, such as limits on lifting, your employer must provide a reasonable accommodation. Under California’s pregnancy accommodation law, whether an accommodation is reasonable is decided case by case, and under the federal Pregnant Workers Fairness Act, an employer with 15 or more employees may refuse only if the accommodation would cause an undue hardship. Forcing an employee onto leave when a reasonable accommodation would have allowed her to keep working can violate FEHA and the federal Pregnant Workers Fairness Act.

Talk to a California pregnancy disability leave lawyer

Rise Law Firm represents employees throughout California in wrongful termination, discrimination, harassment and retaliation cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.

If you were fired, denied reinstatement or penalized for pregnancy or pregnancy disability leave, contact us to request a free, confidential consultation, or call (310) 728-6588. You can learn more on our pregnancy discrimination page and our wrongful termination page. If you live or work in Long Beach, see our Long Beach pregnancy discrimination page.

This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.