Pregnancy Disability Leave

What is PDL?

The County is required to provide up to four months of leave for a woman who is actually disabled due to pregnancy, childbirth, or a related medical condition.

Which employees are eligible for PDL?

A county employee is eligible for PDL regardless of the length of time she has worked for the County. There is no waiting period or length of service requirement for employee eligibility. Further, you do not have to work full-time in order to be eligible.

How much notice must I give of my intention to take PDL, or of the need for a transfer?

If possible, you must provide the County with at least 30 days advance notice before the reasonable accommodation, leave or transfer begins. This notice should include the date the leave will commence and the estimated duration of the leave. If 30 days advance notice is not possible due to lack of knowledge of when reasonable accommodation, leave  or transfer will begin because of a change in circumstance or because of a medical emergency, notice must be given as soon as practical. Terms of the leave may be modified as your changing medical condition dictates. If you desire to return earlier than agreed, the appointing authority must reinstate you within two business days of your notice. When two business days is not feasible, the employee will be returned as soon as possible after the employee notifies the County of her readiness to return to work.

What types of conditions are considered to be a disability or related medical condition?

You are only entitled to PDL if you are actually disabled by pregnancy, childbirth, a related medical condition, or the loss or end of a pregnancy. This includes time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth. You do not have to be completely incapacitated or confined to bed to qualify as being disabled by pregnancy. However, as a general rule, you must be unable to perform one or more essential functions of your job without undue risk to yourself or to other persons or without undue risk to successful completion of your pregnancy. It is the medical opinion of your health care provider that determines whether you are disabled by pregnancy, childbirth or a related medical condition.

What type of medical certification is needed?

You are required to provide the County with medical certification of your inability to work because of pregnancy.

Is the County entitled to a second opinion relating to my disability?

The County is not entitled to ask for a second or third medical opinion about your pregnancy disability.

Is the County entitled to ask for a recertification of the need for a PDL or transfer?

The County is entitled to request recertification of the continuing need for a PDL, reasonable accommodation, or transfer when additional time is requested after expiration of the time estimated in the original certification.

Is the County entitled to ask my health care provider about my specific diagnosis?

Your health care provider is not permitted to disclose your diagnosis without first obtaining  your consent.

Is medical certification required in order to continue working while I am pregnant?

The County may require medical verification that continuing to work will not be hazardous to you.

Is the County required to advise employees of their rights under the pregnancy laws?

The County is required to provide notice to its employees of the right to request PDL, reasonable accommodation, or transfer to a less strenuous or hazardous position. This notice should be posted in a conspicuous place where employees tend to congregate. 

When must the County notify me that my PDL request is approved?

The County must respond to your leave or transfer request as soon as practicable but not later than 10 calendar days after receiving the request. Once given, approval is retroactive to the date of the first day of the leave. If your PDL also qualifies as FMLA the County will also advise you of your rights under FMLA.

Will the County accommodate my medical condition while I’m working?

If you request a reasonable accommodation based on pregnancy, childbirth, or a related medical condition, the County will attempt to reasonably accommodate your situation.

Will the County request medical verification for reasonable accommodation requests?

The County may require you to obtain medical verification of the need for reasonable accommodation from your health care provider.

What should I do if I have questions or concerns about a possible need for a reasonable accommodation?

You should always consult with or immediate supervisor/manager or Human Resources representative for assistance or additional information regarding a request for reasonable accommodation

Can the County temporarily transfer me while I am taking intermittent or reduced work schedule leave?

If your health care provider indicates that intermittent leave or a reduced work schedule is medically advisable because of pregnancy, the County may require you to temporarily transfer to an available alternative position that meets your needs. The alternative position must be one that better accommodates your leave requirements than your regular job. Although the alternative position need not have equivalent duties, it must have an equivalent rate of pay and benefits and you must be qualified for the position. The County must increase the pay and benefits of an alternative position, so as to make them equivalent to the pay and benefits of your regular job. Transfer to an alternative position may include altering an existing position to accommodate your need for intermittent leave or a reduced work schedule.

Is the County required to transfer me?

If your health care provider certifies that you are unable to perform your current job, but could perform other duties, the County is required to transfer you if the transfer can be reasonably accommodated by the County. The County is not required to create additional employment, discharge another employee, violate the terms of a collective bargaining agreement or promote or transfer an employee who is not qualified to perform the new job.

Can I take PDL intermittently or by working a reduced schedule?

PDL may be taken intermittently or on a reduced work schedule basis if medically advisable, as determined by your health care provider. Only the amount of leave actually taken may be counted toward the four months of PDL.

Example: An employee misses two hours of work because of morning sickness. Only those two hours may be counted against the PDL entitlement.

Must the four months of PDL be taken all at one time?

Leave for PDL does not have to be taken all at one time. Leave can be taken before or after birth or at any period of time you are unable to work because of the pregnancy, childbirth or a related medical condition. Periods of leave will be totaled in computing the four months of leave. Periodic absences for pregnancy-related illness of limited duration will be subtracted from the four months of disability leave for pregnancy. 

Are my accrued leave balances applicable to my PDL? 

You are required to use any of your accrued sick leave during the otherwise unpaid portion of your pregnancy leave. Also, you may request the use of your vacation leave, and/or any other leave balances you have in order to receive compensation during the otherwise unpaid portion of your PDL. 

What if I am disabled by pregnancy for more than four months? 

You are only entitled to up to four months of PDL. If you continue to be disabled for more than four months, you can request the use of any accrued sick leave, vacation leave, and/or other leave balances to extend your leave period. As a reasonable accommodation, the County may allow you to utilize CFRA leave prior to the birth of your child. 

What is the relationship between PDL and CFRA?

Following PDL you have the right to take a CFRA leave of up to 12 weeks for the birth of your child, if your child has been born by this date, so long as you meet the eligibility requirements for a CFRA leave. This means that a woman who is eligible for CFRA leave could take up to four months of PDL, and could also be entitled to up to 12 weeks of CFRA leave to bond with the baby or for another CFRA qualifying event (such as to bond with an adopted child, or to care for a parent, spouse or child with a serious health condition), provided the entire CFRA leave was not taken prior to the PDL.

What if I exhaust PDL prior to the birth of my child?

If you have used all four months of PDL prior to the birth of your child and you remain medically disabled after the birth you may utilize CFRA baby-bonding leave even though you are disabled during that period. If you are disabled for more than four months of PDL prior to the birth of your child, you must use any applicable accrued leave balances or, if none remain, request an unpaid leave of absence. After the birth of the child, you will be entitled to up to 12 weeks of CFRA leave if it has not been previously utilized. 

If you have exhausted all leave entitlements and have no accrued balances, it is at the discretion of your appointing authority as to whether or not any request for an unpaid leave will be granted.

Will my Health Insurance continue while I am on PDL?

Health insurance benefits are continued for a maximum of 4 months per pregnancy within a 12 month period while on PDL. As long as you continue to pay your regular employee portion of the health care premium cost, your health care benefits will continue. FMLA leave runs concurrently with PDL for the first 12 weeks of the PDL if you are eligible and qualify for FMLA. The time that the County maintains and pays for the group health coverage during PDL shall not be used to meet the County’s obligation to pay for 12 weeks of group health coverage during leave taken under CFRA. This is true even when the County designates PDL as FMLA. The entitlements to the County paid group health coverage during PDL and during CFRA are two separate and distinct entitlements.

The County contribution toward your medical, dental and Basic Life insurance will cease once PDL and FMLA benefit entitlements are exhausted and you are on an unpaid leave unless you are entitled to continuing benefit coverage under CRFA. You may then be eligible for COBRA coverage. You should contact the Benefits Office for information and options.

How long do I have to add my new child to my insurance benefits?

To add your new child, you must submit the appropriate benefit enrollment forms to the Department of Personnel Services Employee Benefits Office within 30 calendar days of the date of birth. Important: If you do not submit the appropriate forms to add your new child within the 30-day time frame, it will result in your inability to add your child until the next annual open enrollment period.

When will coverage begin for my new child?

The 30 day enrollment window is for the submission of the enrollment forms to the Benefits Office. Coverage is then effective first of the month following receipt of the enrollment forms in the Benefits Office. 

What documentation do I need to submit to enroll my new child?

Please contact the Employee Benefits Office at 874-2020 to obtain information regarding the required documentation.

Will I be able to return to my job when I return from PDL?

If you take PDL and return immediately after the PDL, you are guaranteed the right to return to your same position or an available comparable position. The County can reinstate you to an available comparable position only if your same position is no longer available as a result of legitimate business reasons unrelated to your PDL. If that is the case, the County should offer you a position that is comparable in terms of pay and job conditions, unless there are no such available comparable positions in the County. 

If you take a CFRA leave, after your PDL, for bonding with the baby, for bonding with an adopted child, or to care for a parent, child or spouse with a serious health condition, youhave the right to return to either your original job or to a comparable job.

Where can I get additional information about PDL?

For additional information, contact your department’s Human Resources staff or refer to your department intranet website, if applicable, and California Civil Rights Department.