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An employee's own disability due to pregnancy, childbirth or related medical conditions is not a serious health condition under the California Family Rights Act (CFRA), but employees can use CFRA for child bonding.
CFRA for child bonding starts after the employee's doctor has determined that the period of pregnancy disability has ended or at the end of four months of pregnancy disability leave (PDL), whichever happens first.
For example, if — after the baby's birth — the employee's doctor certifies that your employee is still disabled by their pregnancy for six weeks, the CFRA child bonding leave will not begin until the expiration of that six-week period.
The maximum amount of combined PDL and CFRA leave is the working days in 29 1/3 weeks. This assumes that the employee is disabled by pregnancy for 17 1/3 weeks and then requests — and is eligible for — a 12-week CFRA leave for the birth of their child.
If, on the other hand, the employee has used all of the four months of her PDL before the birth of their child, the CFRA child bonding leave can begin immediately upon the child's birth.
Keep in mind that if an employee remains disabled at the end or depletion of their PDL, an employer is still required to provide a reasonable accommodation under California's Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). Reasonable accommodation may mean additional leave.
Read more about Pregnancy Disability Leave and CFRA and FMLA in Practice — Leave Interactions in the HR Library.