YOUR

RIGHTS AND
OBLIGATIONS
AS A PREGNANT
EMPLOYEE

NOTICE OBLIGATIONS AS AN EMPLOYEE

IF YOU ARE PREGNANT, HAVE A
PREGNANCY-RELATED MEDICAL • Give your employer reasonable notice. To receive
reasonable accommodation, obtain a transfer, or take
CONDITION, OR ARE RECOVERING FROM PDL, you must give your employer sufficient notice for
your employer to make appropriate plans. Sufficient
CHILDBIRTH, PLEASE READ THIS NOTICE. notice means 30 days advance notice if the need for
the reasonable accommodation, transfer, or PDL is
foreseeable, or as soon as practicable if the need is an
emergency or unforeseeable.
• Provide a written medical certification from your health
YOUR EMPLOYER* HAS AN OBLIGATION TO care provider. Except in a medical emergency where
there is no time to obtain it, your employer may require
you to supply a written medical certification from your
• Reasonably accommodate your medical needs related to pregnancy, health care provider of the medical need for your
childbirth, or related conditions (such as temporarily modifying your reasonable accommodation, transfer or PDL. If the need
work duties, providing you with a stool or chair, or allowing more is an emergency or unforeseeable, you must provide
frequent breaks); this certification within the time frame your employer
requests, unless it is not practicable for you to do so
• Transfer you to a less strenuous or hazardous position (if one is under the circumstances despite your diligent, good
available) or duties if medically needed because of your pregnancy; faith efforts. Your employer must provide at least 15
• Provide you with pregnancy disability leave (PDL) of up to four months calendar days for you to submit the certification. See if
(the working days you normally would work in one-third of a year or 17 your employer has a copy of a medical certification form
1/3 weeks) and return you to your same job when you are no longer to give to your health care provider to complete.
disabled by your pregnancy or, in certain instances, to a comparable • Please note that if you fail to give your employer
job. Taking PDL, however, does not protect you from non-leave related reasonable advance notice or, if your employer
employment actions, such as a layoff; requires it, written medical certification of your medical
• Provide a reasonable amount of break time and use of a room or need, your employer may be justified in delaying your
other location in close proximity to the employee’s work area to reasonable accommodation, transfer, or PDL.
express breast milk in private as set forth in the Labor Code; and
• Never discriminate, harass, or retaliate on the basis of pregnancy.

ADDITIONAL LEAVE UNDER THE

FOR PREGNANCY DISABILITY LEAVE CALIFORNIA FAMILY RIGHTS ACT (CFRA)
Under the California Family Rights Act (CFRA), if you have
• PDL is not for an automatic period of time, but for the period of time more than 12 months of service with an employer, and have
that you are disabled by pregnancy, childbirth, or related medical worked at least 1,250 hours in the 12-month period before
condition. Your health care provider determines how much time you the date you want to begin your leave, you may have a right
will need. to a family care or medical leave (CFRA leave). This leave may
• Once your employer has been informed that you need to take PDL, your be up to 12 workweeks in a 12-month period for the birth,
employer must guarantee in writing that you can return to work in your adoption, or foster care placement of your child**, or for your
same or a comparable position if you request a written guarantee. Your own serious health condition or that of your child, parent***,
employer may require you to submit written medical certification from spouse, domestic partner, grandparent, grandchild, sibling,
your health care provider substantiating the need for your leave. or someone else related by blood or in family-like relationship
with the employee (“designated person”). Employers may
• PDL may include, but is not limited to, additional or more frequent pay their employees while taking CFRA leave, but employers
breaks, time for prenatal or postnatal medical appointments, and are not required to do so, unless the employee is taking
doctor-ordered bed rest, and covers conditions such as severe accrued paid time-off while on CFRA leave. Employees taking
morning sickness, gestational diabetes, pregnancy-induced hyper- CFRA leave may be eligible for benefits administered by
tension, preeclampsia, recovery from childbirth or loss or end of Employment Development Department.
pregnancy, and/or post-partum depression.
• PDL does not need to be taken all at once but can be taken on an
as-needed basis as required by your health care provider, including
intermittent leave or a reduced work schedule.
• Your leave will be paid or unpaid depending on your employer’s policy
for other medical leaves. You may also be eligible for state disability TO FILE A COMPLAINT
insurance or Paid Family Leave (PFL), administered by the California Civil Rights Department
Employment Development Department.
calcivilrights.ca.gov/complaintprocess
• At your discretion, you can use any vacation or other paid time off Toll Free: 800.884.1684 / TTY: 800.700.2320
during your PDL.
California Relay Service (711)
• Your employer may require or you may choose to use any available
sick leave during your PDL. Have a disability that requires a reasonable
• Your employer is required to continue your group health coverage accommodation? CRD can assist you with your complaint.
during your PDL at the same level and under the same conditions
that coverage would have been provided if you had continued in
employment continuously for the duration of your leave. For translations of this guidance, visit:
• Taking PDL may impact certain of your benefits and your seniority www.calcivilrights.ca.gov/posters/required
date; please contact your employer for details.

*PDL, CFRA leave, and anti-discrimination protections apply to employers of 5 or more employees; anti-harassment protections apply to employers of 1 or more.
** “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee or the employee’s domestic partner, or a person to whom the employee stands in
loco parentis.
*** “Parent” includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee
was a child.

CRD-E09P-ENG / January 2023