Tag: PDL

Question: Our employee recently returned from maternity leave having used up all her CFRA, PFL, and FMLA. She worked for three days and is out on disability again due to post-partum depression. When she comes back to work is she now eligible for leave again? Are we required to hold her job for her? What…

Question: If we have a temporary employee in California who becomes pregnant, are we required to provide Pregnancy Disability Leave (PDL) even if she has only worked a few months? Answer: Yes, assuming this temporary employee is employed directly by you and not through a staffing agency. If the temporary employee is employed through a…

Question: How long is maternity leave in California? How long do we have to hold a position for an employee on maternity leave? Answer: It is possible for a pregnant California employee to be out on qualifying leave for up to seven months. Example: An employee goes out on Pregnancy Disability Leave (PDL) for the…

Question: Are there limitations for reinstatement when an employee is on leave under Pregnancy Disability Leave (PDL) and the company has changed shift schedules for all employees? Answer: Under Pregnancy Disability Leave (PDL), a woman who takes a pregnancy disability leave and returns within the four-month period is guaranteed the right to return to her…

Question: During a complicated pregnancy, what happens if an employee uses all 12 weeks of Family and Medical Leave Act (FMLA) leave prior to the birth? What about workers’ compensation, state disability, and company provided disability? Does the employer have to give the employee all of the payment options and permit the employee to decide?…

Question: If we don’t have 50 employees, what are the requirements for California employers regarding pregnancy leave? Answer: California’s Pregnancy Disability Leave Act (PDL) requires employers with five or more employees to grant an employee disabled by pregnancy a reasonable period of time for disability leave (up to four months). However, if an employer provides…

Question: Our company is too small for Family and Medical Leave Act (FMLA) regulations, but large enough for Pregnancy Disability Leave Act (PDL) in California. What are notification requirements? Answer: The Pregnancy Disability Leave Act (PDL) in California has notification requirements for both employers and employees, which are outlined below. Employee Notice Employees must provide…

Question: In California, can an employee take multiple Family and Medical Leave Act (FMLA) leaves if they are different leaves in a 12-month period? Answer: Yes, so long as it does not exceed the allotment of 12 weeks, unless it is a maternity leave in the state of California. In the case of a maternity…

Question: We have an office in California where an employee is getting ready to go on maternity leave.  Can you explain how all of the leave laws in California work with FMLA? Answer: What follows below is a summary of the interaction between California Pregnancy Disability Leave (PDL), federal Family and Medical Leave Act (FMLA) and California…

Question:  How does a California employer with less than 50 employees handle pregnancy leave for an employee hired 2 months ago? Answer: Given the fact that the employer has less than 50 employees, neither the federal Family Medical Leave Act (FMLA) nor the California Family Rights Act (CFRA) applies.  The California Pregnancy Disability Leave (PDL)…