How much leave can a pregnant employee take?

A pregnant employee is entitled to up to four months of pregnancy disability leave (PDL) (the working days the employee would normally work in one-third of a year or 17 1/3 weeks), if they work for an employer with five or more employees. The time is generally unpaid, and can be taken whenever an employee's doctor certifies that they're disabled during the pregnancy or after delivery.

The time often is taken all at once during the few weeks before and after delivery, but PDL can be taken at any time throughout and after the pregnancy for morning sickness, prenatal visits, complications, recovery, etc. Time off for loss or end of pregnancy is also allowed.

However, leave may be extended beyond four months if the doctor extends the time that the employee needs to remain off work. In that situation, reasonable accommodation under the California Fair Employment and Housing Act and the federal Americans with Disabilities Act (ADA), including but not limited to an additional leave of absence, is required. California law specifically provides that the right to PDL is separate and distinct from the right to take disability leave as a form of reasonable accommodation.

The employee may also be eligible for additional protected time off for bonding with the new child under the California Family Rights Act (CFRA), which also applies to employers with five or more employees.

Read more about Leave Interaction in the HR Library.