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PDL and FMLA

Zacks MimiZacks Mimi 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
My question is regarding Pregnancy Disability Leave and FMLA. I'm in
California. My employee is pregnant and due in Nov. Do you offer your
employees the option of taking PDL first, then request for FMLA after
the six weeks? Also, do you pay their health benefits during the PDL?
Thanks for input!
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  • SystemSystem 5,885 Posts
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    Under California state law, if you have five or more employees, you must give an employee who is actually disabled by pregnancy up to four months of leave. This leave can run concurrently with the 12 weeks of FMLA leave (however, you must remember to designate the leave promptly and properly). In addition, under the state CFRA, if you have 50 or more employees, eligible employees are entitled to 12 weeks of bonding time within one year after the birth of a child. Thus, a pregnant employee in California may be eligible for as much as seven months of leave.

    Yes, you should continue to cover the employee's health insurance benefits while the employee is on leave.




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