Must I give an employee back their job when they return from pregnancy disability leave?

California law requires employers of five or more to provide an employee who is disabled by pregnancy up to four months off with a right to return to their job at the end of their leave.

This leave covers any time off related to pregnancy, including severe morning sickness, necessary bed rest, high blood pressure or other complications, labor, delivery, recovery, post-partum depression and even lactation problems.

As long as an employee is no longer disabled by pregnancy and able to return to their job within the four-month leave period, they have a right to return to the same job — meaning they're entitled to the job they had before they left, including the same duties, pay, hours, location and benefits.

The only exception to these return rights is where the employee clearly would have lost their job even if they had not been on leave.

If the employee is not returned to their job, the burden will be on the employer to show the employee would have lost their job for legitimate business reasons even if they had not been on leave.

An employee who is disabled for more than four months must be considered for additional leave under other federal and state disability accommodation laws, such as the Americans with Disabilities Act and California’s Fair Employment and Housing Act. If additional leave is granted, they may have the right to return to the same or a comparable job at the end of the additional leave.

Always consult legal counsel prior to terminating any employee on any disability leave.

Read more about Returning to Work After PDL in the HR Library.