Pregnancy Disability Leave (PDL), California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA) Details and Intersection
Jul 05, 2022
In California, there are three major leaves that employees could be eligible for: Pregnancy Disability Leave, Family and Medical Leave or California Family Rights Leave. Covered employers who meet the criteria for all three leaves, should evaluate each leave request to determine which types of leaves employees may be eligible for keeping in mind that it may be more than one.
The FMLA and CFRA are very similar and have quite a bit of overlap meaning that a covered employee could be eligible for both. In that instance, those leaves run consecutively. The FMLA and PDL also have overlap and an employee eligible for both would also have them run consecutively. The largest difference amongst the three is how disability due to pregnancy is classified. Under PDL and FMLA, pregnancy or related conditions can be a disability and a reason to initiate leave. Pregnancy disability is not covered under CFRA. This means that an individual disabled due to pregnancy could be eligible for PDL and FMLA, but not CFRA. This same individual however, could be eligible for CFRA once the child is born as baby bonding is a covered reason under CFRA. In that instance, PDL and CFRA run consecutively.
Here is an example:
Your business has 65 employees in Los Angeles. A pregnant employee, who has worked for you full-time for 5 years is placed on leave by their doctor two weeks before the birth of the child. The doctor states that the employee is disabled due to pregnancy for the next 8 weeks, but will take another 8 weeks after that to care for the child, 16 weeks total. The clock for both FMLA and PDL start on the first day of leave.
PDL lasts from the first day of leave until 8 weeks after as that is how long the doctor certified.
FMLA lasts from the first day of leave until 10 weeks post-partum (two weeks before birth and 10 weeks after for a total of 12 weeks) because both pregnancy and baby bonding are covered reasons.
The employee is eligible for CFRA at the end of the 8 weeks (starting on the 9th week) and can take that leave through the rest of the 16 weeks. The employee will take 8 weeks total of CFRA.
At the end of the leave, the employee will have taken 8 weeks of PDL, 12 weeks of FMLA and 8 weeks of CFRA.
It is important for employers to understand the differences in these types of leaves and ensure they are administering and tracking this time properly. The grid below provides basic information on the major components of each leave and how they interact with one another.
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Pregnancy Disability Leave (PDL) |
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Family and Medical Leave Act FMLA |
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CFRA |
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Maximum amount of leave |
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The actual time designated as disability related to pregnancy is determined by the employee’s health care provider. The maximum amount of time available is four months, or 17 1/3 weeks per pregnancy. |
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FMLA provides a maximum of 12 weeks of leave in a 12-month period. FMLA also provides 26 weeks of leave for an employee who is the spouse, son, daughter, parent or next of kin for a covered military servicemember who requires care. |
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CFRA provides a maximum of 12 weeks of leave in a 12-month period. |
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Intermittent/Reduced Leave |
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When medically necessary, increments no greater than the shortest period of time that the employer uses to account for use of other forms of leave, provided it is not greater than 1 hour. |
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When medically necessary, in increments no greater than the shortest period of time that the employer uses to account for use of other forms of leave, provided that it is not greater than 1 hour. For baby bonding, must have employer's consent. |
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For baby bonding, in 2-week increments; however, an employer may grant a request for CFRA leave of less than 2 weeks' duration on any 2 occasions. |
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Eligibility |
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Employees who work for covered employers are eligible for PDL upon hire. |
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Employees are eligible if employed at a worksite with 50 or more employees in a 75-mile radius. Eligible employees must also have worked for you for 12 months (need not be consecutive) and 1,250 hours in the 12 months prior to the need for leave. |
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Employees are eligible if they have worked for you for 12 months and 1,250 hours in a 12-month period. |
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Reasons for leave |
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PDL can be used for any time the eligible employee is disabled by pregnancy, childbirth or a related medical condition. |
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An employee can use the FMLA in the following circumstances:
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An employee can use CFRA in the following circumstances:
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Interaction with other leaves |
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Can run concurrently with Federal Family and Medical Leave Act (FMLA) absences but not with California Family Rights Act (CFRA) absences.. |
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May run concurrently with PDL and CFRA. |
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Can run concurrently with Federal Family and Medical Leave Act (FMLA) absences. PDL and CFRA run consecutively. |
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Benefit Continuation |
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Employer must maintain group health benefits and all other benefits and seniority under same conditions as applicable to other unpaid disability leaves. |
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Employer must maintain coverage under group health plan under same conditions. Can require employees to pay their portions of the premiums. |
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Employer must maintain group health benefits and all other benefits and seniority under same conditions as applicable to other unpaid disability leaves. |
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Use of Paid Time |
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Employer or employee may require use of paid sick leave. Employee may choose to substitute paid vacation or personal leave, but employer may not require. |
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Employee may choose, or employer may require. Employer need not permit use of sick leave for reasons other than specified in leave policy. |
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Employee may choose, or employer may require. Sick leave for other than employee's own medical illness requires both employer and employee to agree. |
