Pregnancy Disability Leave - Your Employee Handbook Musts

The California Fair Employment and Housing Act (FEHA) imposes specific obligations on employers with five or more employees. These employers must:

1. Provide unpaid pregnancy disability leave (PDL) to employees who are medically disabled due to pregnancy, childbirth, or related medical conditions, as certified by their healthcare provider. The leave can last up to four months per pregnancy (equivalent to the working days in approximately one-third of a year or 17 1/3 weeks).

2. Reasonably accommodate medical needs related to pregnancy, childbirth, or related conditions. Accommodations may include temporary modifications to work duties, providing a stool or chair, or allowing more frequent breaks.

3. Offer a transfer to a less strenuous or hazardous position if medically necessary and available.

4. Prohibit discrimination, harassment, or retaliation based on pregnancy.

To ensure compliance and create effective policies, employers should consider the following tips and best practices:

1. Determine whether PDL will be paid or unpaid.

2. Request employees to submit a PDL request form with estimated start and end dates.

3. Require a medical certification form to confirm the need for PDL, reasonable accommodations, or transfer.

4. Clarify whether vacation and sick pay benefits will continue to accrue during PDL.

5. Allow employees to use accrued vacation/PTO benefits at their discretion during their leave.

6. Decide whether to mandate the use of available sick leave during PDL.

7. Ensure continuous group health coverage at the same level and conditions during the entire leave period.

8. Reinstate the employee to her former position or a substantially similar one, as required by law.

9. Make reasonable accommodations for medical needs related to pregnancy, childbirth, or related conditions.

10. Never deny PDL or refuse to extend it beyond the maximum allotted time or decline reinstatement without consulting experienced legal counsel.

Key Points:

1. Incorporate a pregnancy disability leave policy into your employee handbook and regularly review it.

2. Educate and train supervisors on the laws pertaining to pregnancy disability leave to ensure compliance and fair treatment of employees.