California Pregnancy Disability Leave Law
The California Pregnancy Disability Leave Law is short-term disability for women who are suffering a pregnancy-related disability. Disabilities related to both pregnancy and childbirth can hinder an employee from being able to do their job. Employers have the option of altering a disabled, pregnant employee's current job or allowing her to take pregnancy disability leave.
Other People Are Reading
-
Function
-
Pregnant women who suffer from a medical-related condition directly related to pregnancy or childbirth are eligible for leave under the California Pregnancy Disability Leave Law. Medical conditions can include severe morning sickness, hemorrhaging, torn stomach muscles or sciatica nerve problems.
Employers can temporarily transfer a pregnant employee to another position within the company that she can perform while suffering from her pregnancy-related disability if there is such a position available. The original position the pregnant employee was in will be protected, meaning that the employee can return to the position after her disability ends.
Time Frame
-
The California Pregnancy Disability Leave Law allows women up to four months, or sixteen weeks, of unpaid leave during the course of her pregnancy. Female employees may attach any accrued leave to the four months of pregnancy disability leave. Employers must continue all medical benefits for twelve weeks during the pregnancy disability leave.
If employees need additional time off at the end of the sixteen-week leave, women are able to request an additional twelve weeks of unpaid pregnancy leave after childbirth. Employers do not need to hold the employee's position when additional leave is requested. Employers are obligated to return the employee into a position of equal responsibility and pay upon her return after extended leave.
-
Features
-
All employers with five or more employees are covered under the California Pregnancy Disability Leave Law. Disabled, pregnant employees who work for companies that are not covered under the California Pregnancy Disability Leave Law will not be able to benefit from state disability insurance.
At the end of the pregnancy disability leave, the employer must return the employee to the same position or an equal position within the company.
Benefits
-
Women who take leave under the California Pregnancy Disability Leave Law are entitled to short-term disability benefits through the state government. Benefits range from $50 to $987 per week. In order to receive the maximum benefit of $987, the claimants' quarterly base salary must exceed $23,305.46. The weekly benefit equates to 55% of the claimants' regular base salary.
Considerations
-
Employees who wish to file for benefits under the California Pregnancy Disability Leave Law must apply personally. Claimants can apply by printing out the online forms located at edd.ca.gov, filling them out and mailing them to the local Employee Development Department, or EDD, office. Benefits can also be applied for in-person at the local EDD office. A doctor's certificate is required when filing a claim for disability insurance benefits. Claimants who cannot file a disability insurance request form due to their disability will need to request additional forms or authorize a third party to file the forms on their behalf.
-
References
Resources
- Photo Credit pregnant silhouette image by Michael Cornelius from Fotolia.com
