The Family and Medical Leave Act (FMLA) is an important federal leave law. If your business does not fall under the FMLA, your pregnant employees may still have rights under other federal, state, and local laws. Some of these laws include, but are not limited to:
The Americans with Disabilities Act (ADA)
The ADA applies to businesses with 15 or more employees. Although pregnancy itself is not a disability, pregnant employees may have impairments related to their pregnancies that qualify as disabilities under the ADA. The employer and the employee must then participate in an “interactive process” where they discuss and determine the best accommodation reasonable for the employee and employer. This may include a leave of absence. If a leave of absence is granted under the ADA, it does not need to be paid and should be treated the same as any other leave of absence.
The California Family Rights Act (CFRA)
The CFRA applies to businesses with 5 or more employees. The CFRA tracks the FMLA. For more information, please visit the Department of Fair Employment and Housing (DFEH).
California Pregnancy Disability Leave (PDL)
California requires employers with 5 or more employees to allow an employee disabled due to pregnancy a reasonable period of time off (up to 4 months). For additional information, please go to the California DFEH, Pregnancy Disability FAQ section.
If a business does not have a legal obligation to provide an FMLA-type leave, it may still be worth considering. Having a leave policy would increase morale and help retain valuable employees. Make sure to apply your policies to all workers equally.
Please note the recent Emergency Family and Medical Leave Expansion Act (EFMLEA) has different rules. Please confer with your employment attorney for further information.
If you need assistance in employment and leave issues, please contact Hackler Flynn & Associates.
DISCLAIMER: Content within this post should not be considered legal advice and is for informational purposes only. Communications made through this post do not create an attorney-client relationship. Hackler Flynn & Associates is not responsible for any content that you may access from third-party resources that may be accessed through or linked to this post. Hackler Flynn & Associates is only licensed to practice in California.
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