THE LEADERS IN EMPLOYEE JUSTICE

Temporary Disability

The employer must treat the pregnant woman the same way they treat other employees who are temporarily disabled. Additionally, physical impairments that result from being pregnant may qualify as disabilities under the Americans with Disabilities Act (ADA) and the employer may have to provide reasonable accommodations for such disabilities.

Nursing Mothers

California Labor Code states that every employer “shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the   employee’s infant child.” Under the Fair Employment and Housing Act (FEHA), an employee cannot discriminate against a female employee on the bases of breastfeeding or medical conditions related to breastfeeding.

Pregnancy, Maternity & Parental Leave

Several State and Federal Laws come into place regarding pregnancy, maternity and   parental leave:

• Under the PDA, the pregnant employee has the same rights to take disability leave, or leave without pay, as another employee who is temporarily disabled.
• Under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) a new parent may be eligible to take up to 12 weeks of unpaid and job protected leave to care for their new child. To be eligible, the employee must have worked for 12 months for the employer and the employer must have a specified number of employees or be a public agency.
• Under California’s Pregnancy Disability Leave law, an eligible employee may receive up to 4 months of unpaid, job protected leave.  The employee’s health care provider determines the length of leave as it depends on the length of time the employee is disabled by such pregnancy.
• California New Parent Leave Act requires employers with more than 20 employees and all public agencies to provide for 12 weeks of unpaid, job protected, leave to bond with a new child.  To be eligible, the employee must have worked for the employer for more than 12 months.