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Pregnancy Disability Leave in California: What You Need to Know

California’s Pregnancy Disability Leave (PDL) gives you up to 4 months of job-protected leave for pregnancy-related conditions with no minimum hours requirement. This is separate from bonding leave, meaning you can take up to 7 months total time off when you combine PDL with CFRA.

PDL is one of the strongest pregnancy protection laws in the United States. Unlike CFRA and FMLA, you don’t need to work 1,250 hours to qualify. If you’re disabled by pregnancy and work for a company with 5+ employees, you’re protected.

What Is Pregnancy Disability Leave?

PDL is California’s law protecting workers who are disabled by pregnancy, childbirth, or related medical conditions. It provides job protection while you’re unable to work due to pregnancy.

“Disability” in this context means any pregnancy-related condition that makes you unable to perform your regular job duties. This includes morning sickness, bed rest, prenatal appointments, childbirth recovery, and pregnancy complications.

The California Civil Rights Department (CRD) enforces PDL violations. Employers who deny PDL or discriminate based on pregnancy face significant penalties.

Important distinction: PDL is for pregnancy disability. CFRA is for baby bonding. You can use both for up to 7 months of total protected leave.

Source: California Government Code § 12945

Who Qualifies for PDL

PDL has simpler eligibility requirements than CFRA or FMLA.

Employer Size

Your employer must have 5 or more employees in California. This count includes:

  • Full-time employees
  • Part-time employees
  • Employees at all California locations

The employer must have employed 5+ people for each working day during each of 20 or more calendar weeks in the current or preceding calendar year.

No Minimum Hours Requirement

This is crucial: You do NOT need to work a minimum number of hours to qualify for PDL.

Unlike CFRA (1,250 hours required) and FMLA (1,250 hours required), PDL protects you from day one of employment. If you’re pregnant and disabled by pregnancy, you’re covered.

Example: Sofia started a new job 3 weeks ago at a company with 10 employees. She develops severe hyperemesis gravidarum (extreme morning sickness) requiring hospitalization. Even though she’s only worked 90 hours, she qualifies for PDL. She would NOT qualify for CFRA or FMLA.

Must Be Disabled by Pregnancy

You must be disabled by pregnancy, childbirth, or a related medical condition. A health care provider must certify that you cannot perform your regular job duties due to pregnancy.

How Much PDL Leave You Get

PDL provides up to 4 months of job-protected leave. This equals approximately 17.3 weeks or 88 working days (based on 5-day work week).

What “Up to 4 Months” Means

The full 4 months is the maximum. You get the amount of leave you actually need based on medical certification.

  • If you need 6 weeks for childbirth recovery, you get 6 weeks
  • If you need 3 months for bed rest plus recovery, you get 3 months
  • If you need the full 4 months, you get 4 months

Your doctor determines how much leave you need based on your medical condition.

Leave Can Be Taken Intermittently

You can take PDL leave all at once or in smaller increments when medically necessary.

Continuous leave: Full-time off work for the entire period

Intermittent leave: Days or hours off as needed (for prenatal appointments, therapy, severe symptoms on certain days)

Reduced schedule: Working fewer hours per day or days per week

Example: Jasmine has pregnancy complications requiring weekly doctor appointments and occasional days of bed rest. She takes PDL intermittently – one day per week for appointments plus additional days when symptoms are severe. This counts against her 4-month maximum.

What Qualifies as Pregnancy Disability

Many pregnancy-related conditions qualify for PDL protection.

Common Qualifying Conditions

Severe Morning Sickness

  • Hyperemesis gravidarum (extreme vomiting)
  • Nausea preventing work performance
  • Dehydration requiring treatment

Pregnancy Complications

  • Gestational diabetes
  • Preeclampsia or high blood pressure
  • Placenta previa
  • Risk of miscarriage
  • Cervical insufficiency

Bed Rest

  • Doctor-ordered bed rest for any reason
  • Restricted activity to prevent premature labor
  • High-risk pregnancy requiring limited movement

Prenatal and Postnatal Care

  • Prenatal doctor appointments
  • Medical tests and procedures
  • Childbirth and delivery
  • Recovery from childbirth (typically 6-8 weeks)

Pregnancy Loss

  • Miscarriage
  • Ectopic pregnancy
  • Stillbirth
  • Medical termination

Other Conditions

  • Severe back pain related to pregnancy
  • Anemia
  • Severe fatigue preventing work
  • Sciatica
  • Any condition that prevents you from performing job duties

What Does NOT Qualify

Normal, uncomplicated pregnancy without disability does not automatically qualify for PDL. You must be unable to perform your job duties.

Taking time off for baby bonding (when you’re physically able to work) is covered by CFRA, not PDL.

Example: Lin is 8 months pregnant and feeling fine. She can perform all her job duties. She doesn’t qualify for PDL yet. When she gives birth, she’ll qualify for PDL during her 6-8 week recovery period. After recovery, she can take 12 weeks of CFRA for baby bonding.

PDL vs CFRA vs FMLA: Key Differences

Understanding how these three leave laws differ helps you maximize your leave rights.

Feature PDL CFRA FMLA
Employer Size 5+ employees 5+ employees 50+ employees
Hours Required None 1,250 hours 1,250 hours
Maximum Leave 4 months 12 weeks 12 weeks
What It Covers Pregnancy disability only Family care & bonding Family care & bonding
Pregnancy Yes No (bonding only) No
Baby Bonding No Yes Yes
Can Stack Yes (PDL + CFRA) Yes (CFRA + PDL) No (runs concurrent)
Job Protection Same or comparable Same or comparable Same or equivalent
Wage Replacement SDI available PFL available None

Key advantage: PDL has no minimum hours requirement and provides 4 months of leave specifically for pregnancy disability.

Source: California Government Code § 12945, § 12945.2

How PDL and CFRA Stack for Maximum Leave

This is the most powerful aspect of California pregnancy leave law.

The 7-Month Strategy

Step 1: PDL During Pregnancy and Recovery (up to 4 months)
Use PDL for pregnancy disability:

  • Complications during pregnancy
  • Childbirth
  • Postpartum recovery

Step 2: CFRA for Baby Bonding (12 weeks)
After you’re no longer disabled by pregnancy, use CFRA for bonding with your baby.

Total: Up to 7 months of job-protected leave

Real-World Example: Maximum Leave

Maria’s Timeline:

Months 1-2 (8 weeks): Develops severe morning sickness at 12 weeks pregnant. Takes PDL. Uses State Disability Insurance (SDI) for wage replacement.

Months 3-4 (8 weeks): Doctor orders bed rest at 28 weeks due to high blood pressure. Continues PDL. Continues SDI.

Month 5 (4 weeks): Gives birth. Postpartum recovery. Final month of PDL. SDI continues.

Months 6-7 (12 weeks): Fully recovered but bonding with baby. Switches to CFRA leave. Uses Paid Family Leave (PFL) for wage replacement.

Total: 7 months job-protected leave with partial wage replacement throughout

What If You Don’t Use All PDL

You don’t have to use the full 4 months if you don’t need it.

Example: Ana has uncomplicated pregnancy and delivery. She takes 8 weeks PDL for childbirth and recovery. Then she takes 12 weeks CFRA for bonding. Total: 20 weeks (about 5 months).

Wage Replacement During PDL: State Disability Insurance

PDL is unpaid leave. But California’s State Disability Insurance (SDI) provides wage replacement.

How SDI Works

Amount: 70-90% of your wages (effective January 1, 2025 under SB 951), up to a maximum weekly benefit

  • Low-wage workers (earning up to 70% of state average quarterly wage): up to 90% wage replacement
  • Higher earners: 70% wage replacement
    Maximum 2025: $1,681 per week
    Duration: Up to 52 weeks (more than enough to cover 4 months PDL)
    Who qualifies: Workers who paid into SDI through paycheck deductions

Applying for SDI

Step 1: Get medical certification from your doctor stating you’re disabled by pregnancy

Step 2: File SDI claim with California Employment Development Department (EDD)

Step 3: Wait for approval (usually 14 days)

Step 4: Receive weekly benefit payments

Filing methods:

  • Online at edd.ca.gov
  • By phone: 1-800-480-3287
  • By mail: Paper application

SDI + Paid Sick Leave + Vacation

You can use multiple income sources:

  • Week 1: Paid sick leave (if you have it) – 100% pay
  • Weeks 2-17: SDI – 70-90% pay (depending on income level)
  • Additional: Use vacation/PTO to supplement SDI and bring total closer to 100% pay

Example: Jennifer has 5 days of sick leave. She uses sick leave for days 1-5 at full pay. Then SDI kicks in at 70-90% of her wages (depending on her income level). She also uses vacation time as needed to bring her total closer to 100% of regular pay.

Source: California Unemployment Insurance Code § 2626, California EDD

Reasonable Accommodation During Pregnancy

Even if you don’t need full leave, you may need workplace accommodations.

Accommodations Your Employer Must Provide

California law requires employers to provide reasonable accommodation for pregnancy, childbirth, and related conditions. Accommodations include:

Modified Duties

  • Lighter lifting requirements
  • No exposure to harmful substances
  • Different job tasks temporarily

Work Schedule Changes

  • More frequent breaks
  • Bathroom access
  • Rest periods
  • Modified start/end times

Physical Accommodations

  • Stool or chair for sitting
  • Closer parking space
  • Access to water
  • Ergonomic adjustments

Transfer to Less Strenuous Position

  • Temporary reassignment
  • Same pay rate
  • Return to original position after pregnancy

How to Request Accommodation

Step 1: Tell your employer you’re pregnant and need accommodation

Step 2: Describe what accommodation you need (or ask employer to discuss options)

Step 3: Provide medical certification if requested

Step 4: Work with employer to implement accommodation

In writing is best: “I am pregnant and need the following accommodation: [specific request]. My doctor has provided certification. Please let me know how we can arrange this.”

Example: Priya works retail and is 6 months pregnant. Standing for 8-hour shifts causes severe back pain. She requests a stool to sit on during slow periods. This is reasonable accommodation. Her employer must provide it.

Job Protection Under PDL

PDL protects your job while you’re on leave.

What Your Employer Must Do

Hold Your Job
Return you to the same position you held before leave. If not available, provide comparable position with:

  • Same pay
  • Same benefits
  • Same or similar duties
  • Same shift and location

Continue Health Insurance
Maintain your health coverage on same terms. You pay employee portion. Employer pays employer portion.

No Retaliation
Cannot fire, demote, or otherwise punish you for taking PDL.

What Your Employer Cannot Do

Illegal actions:

  • Refusing to grant PDL when you qualify
  • Counting PDL as negative attendance
  • Demoting you when you return
  • Reducing pay or hours
  • Pressuring you to return early
  • Firing you for pregnancy
  • Creating hostile environment

Example: After Chen returns from 12 weeks of PDL, her manager assigns her to less desirable projects and excludes her from meetings. This is PDL retaliation and violates California law.

How to Request PDL Leave

Protect your rights by following proper procedures.

Step 1: Notify Your Employer

When: As soon as you know you need leave

How: In writing (email or letter)

What to say:
“I am requesting Pregnancy Disability Leave under California law. I need leave starting [date] due to pregnancy-related medical condition. My expected return date is [date]. I will provide medical certification.”

Step 2: Provide Medical Certification

Your doctor must complete certification stating:

  • You are pregnant
  • You have medical condition preventing work
  • Expected duration of disability
  • Any work restrictions or accommodations needed

Your employer must give you at least 15 days to obtain this certification.

Step 3: Stay in Communication

Provide updates if your expected return date changes. Respond to reasonable employer requests for information. Notify employer of your actual return date.

Step 4: Document Everything

Keep copies of:

  • Leave request
  • Medical certifications
  • Employer communications
  • SDI claim documents
  • Any denial or resistance from employer

PDL Rights for Different Situations

If You’re Part-Time

Part-time workers have full PDL rights. The 4-month maximum is calculated based on your normal work schedule.

Example: Wei works 20 hours per week. Her 4 months of PDL equals 4 months at 20 hours per week (approximately 347 hours total), not 4 months at full-time.

If You’re Hourly

Hourly workers get same PDL rights as salaried workers. Your 4-month entitlement is based on your average work hours.

If You Have Multiple Pregnancies

Each pregnancy is a separate event. If you have another pregnancy later, you get another 4 months of PDL.

Example: Keisha takes 3 months PDL in 2024 for her first child. She gets pregnant again in 2026. She gets another 4 months PDL for the second pregnancy.

If You’re Adopting or Using Surrogacy

PDL only covers pregnancy disability. If you’re adopting or using a surrogate, use CFRA (12 weeks) for bonding. You don’t get PDL because you’re not disabled by pregnancy.

Examples of PDL in Action

Example 1: Early Pregnancy Complications

Situation: Tanya is 14 weeks pregnant and develops hyperemesis gravidarum requiring hospitalization for dehydration. She works for small business with 7 employees. She started this job 4 months ago and has only worked 450 hours.

Leave rights:

  • PDL: Yes (no hours requirement)
  • CFRA: No (needs 1,250 hours)
  • FMLA: No (employer too small and needs 1,250 hours)

Result: Tanya takes 6 weeks PDL for severe morning sickness. Uses SDI for wage replacement. Her job is protected. When she recovers, she returns to work. After delivery, she won’t qualify for CFRA yet (still won’t have 1,250 hours), but she’ll get another PDL period for delivery and recovery.

Example 2: Bed Rest and Bonding

Situation: Yuki is ordered on bed rest at 30 weeks pregnant due to risk of premature labor. She works for tech company with 150 employees and has worked 1,800 hours in the past year.

Leave rights:

  • PDL: Yes (up to 4 months)
  • CFRA: Yes (12 weeks for bonding)
  • FMLA: Yes (but runs concurrently with CFRA)

Result: Yuki takes 10 weeks PDL for bed rest, delivery, and recovery (uses SDI). Then takes 12 weeks CFRA for baby bonding (uses PFL). Total: 22 weeks (5.5 months) with wage replacement throughout.

Example 3: Pregnancy Loss

Situation: Diana experiences miscarriage at 18 weeks requiring D&C procedure and recovery time. She needs 3 weeks off work for physical and emotional recovery.

Leave rights:

  • PDL: Yes (pregnancy loss is covered)

Result: Diana takes 3 weeks PDL. Uses SDI for wage replacement. Her employer cannot deny this leave or ask intrusive questions. Her job is protected during recovery.

What to Do If PDL Is Denied

If your employer denies PDL or retaliates against you, take immediate action.

Step 1: Document the Denial

Get everything in writing. If denial was verbal, send email confirming: “This confirms our conversation on [date] where you stated [denial reason].”

Step 2: File Internal Complaint

Use your employer’s HR complaint procedures if available.

Step 3: File CRD Complaint

Agency: California Civil Rights Department
Deadline: 3 years from violation
File at: calcivilrights.ca.gov

CRD investigates pregnancy discrimination and PDL violations. They may mediate, pursue your case, or issue right-to-sue letter.

Step 4: Consult Employment Attorney

Many employment attorneys offer free consultations. PDL violations can result in:

  • Back pay
  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees
  • Reinstatement

Find attorney: California Employment Lawyers Association (cela.org)

Frequently Asked Questions

Can my employer fire me for being pregnant?

No. Firing someone because they’re pregnant is pregnancy discrimination and violates California law. This is true even if you haven’t requested leave yet.

Do I need to be employed for a certain time before PDL?

No. PDL has no minimum employment duration. If you work for employer with 5+ employees and you’re disabled by pregnancy, you’re covered from day one.

Can I use sick leave during PDL?

Yes. You can use accrued sick leave to receive pay during PDL. Many workers use sick leave first (full pay), then switch to SDI (partial pay) when sick leave runs out.

What if I want to return to work early?

You can return to work whenever you’re medically able and choose to return. Get doctor’s clearance and notify your employer of your return date.

Does PDL protect fathers or non-birthing parents?

No. PDL only protects the person who is pregnant and disabled by pregnancy. Non-birthing parents use CFRA (12 weeks) for bonding.

Related Topics

Legal Disclaimer

This article provides general information about Pregnancy Disability Leave in California. It is not legal advice. Employment laws change frequently and every situation is different. If you have specific questions about your rights, consult with a California employment attorney. Government agency deadlines are strict. Don’t delay seeking help if you believe your rights have been violated.

Last Updated: November 2, 2025

Sources: California Government Code § 12945, California Code of Regulations Title 2 § 11035-11049, California Civil Rights Department, California EDD

Take Action

Pregnancy is not a weakness. California law recognizes pregnancy as a protected medical condition deserving of strong workplace protections.

If your employer denied you PDL, discriminated against you for being pregnant, or retaliated after you returned from leave, document everything and consult an employment attorney immediately.

You have the right to a healthy pregnancy and a protected job. Use both.