Question: We are a smaller employer and the FMLA and CFRA leave of absence laws don’t apply to us. We have an employee who is pregnant. Do we need to give her time off? How much? What else do we need to know?
Answer: Yes, as long as you have 5 or more employees you are required to provide Pregnancy Disability Leave (PDL) to pregnant employees.
- It doesn’t matter how long the employee has worked for you. They are entitled to take the time off for Pregnancy Disability Leave (PDL) with their job protected.
- The actual time designated as disability related to pregnancy is determined by the employee’s health care provider. The amount of time available is up to four months, or 17 1/3 weeks per pregnancy. After she is no longer disabled, she is not entitled to PDL to stay at home and bond with her new baby.
- PDL can be used intermittently and can be taken for any time the eligible employee is disabled by pregnancy, childbirth or a related medical condition. Therefore employers should track absences related to pregnancy before the birth of the child since they count towards the total 4 months.
- The employer is not required to pay the employee, however employers that offer vacation, PTO or sick allow the employee to take those during their time off.
- The employee is also likely eligible for State Disability Insurance (SDI) and Paid Family Leave (PFL). These income replacement programs are administered through the EDD and it is the employees responsibility to apply for them. The employer needs to give them a brochure when they go out on leave that has the basic information.
- The employer continues to pays for health insurance under the plan as if she had not taken pregnancy disability leave. The employee would pay any portion they had previously been responsible for. If the employee does “make up” deductions via payroll when they return, you must have them sign off on them in writing.
- A best practice for employers is to provide a written letter confirming their eligibility, listing the maximum timelines and dates, explaining health insurance coverage continuation and premiums during leave, and providing basic information on income replacement programs (SDI / PFL). It is helpful to both the employee and properly documents everything for the employer. • After the baby is born, there are requirements for employers to accommodate mothers who wish to express milk at work. You also must provide the use of a private place to express breast milk, other than a toilet stall, in close proximity to the employee’s work area. The employee’s normal work area can be used if it allows the employee to express milk in private.
- If an employee is disabled longer than four months, she may be entitled to an additional period of leave as a reasonable accommodation for her pregnancyrelated or other disability.
- The employee should be returned to the same job they left.
- Employers who have over 50 employees are also subject to FMLA and CFRA requirements, which allow additional protected time off for eligible employees. These leaves are complicated. Make sure you know the requirements.
