PDL vs CFRA Leave
California’s Pregnancy Disability Leave law and California Family Rights Act both apply to employers with five or more employees and provide protections more extensive than federal Family and Medical Leave Act coverage. Employers often confuse these overlapping leave rights, creating compliance gaps and litigation exposure.
Pregnancy Disability Leave allows up to four months of job-protected leave for disability related to pregnancy, childbirth, or related medical conditions. PDL has no hours-worked requirement and applies from date of hire. CFRA provides up to 12 weeks of job-protected leave and applies to employees who worked 1,250 hours in the prior 12 months and have been employed for at least 12 months. Both laws apply to employers with five or more employees.
CFRA can be used for multiple purposes: baby bonding, caring for a family member (spouse, domestic partner, child, parent, grandparent, grandchild, sibling, or designated person) with a serious health condition, the employee’s own serious health condition, and qualifying exigencies related to military service. Under 2 CCR Section 11046(b), pregnancy disability is generally not a serious health condition under CFRA. However, 2 CCR Section 11093(1) permits CFRA use for pregnancy in rare cases where an employee has exhausted four months of PDL before childbirth and medical necessity requires continued leave. This is employer discretion, not an employee entitlement.
Federal FMLA provides up to 12 weeks of leave for serious health conditions including pregnancy-related disability, but only for employers with 50 or more employees and employees who worked 1,250 hours in the prior year. California’s PDL has no hours-worked requirement and both PDL and CFRA have lower employer size thresholds than FMLA.
The key interaction: PDL and CFRA generally run separately for pregnancy and bonding. PDL and FMLA run concurrently when both apply. CFRA and FMLA run concurrently when both apply, except for pregnancy disability (which is covered by PDL, not CFRA). An employee disabled by pregnancy takes PDL (which runs concurrently with FMLA if applicable). After PDL ends, the employee can take CFRA leave for baby bonding or other qualifying reasons (CFRA runs concurrently with any remaining FMLA). This creates potential leave entitlement of up to seven months total: four months PDL plus 12 weeks CFRA.
Reasonable accommodations under the Fair Employment and Housing Act and federal Pregnant Workers Fairness Act are separate from and in addition to leave entitlements. Before PDL leave becomes necessary, employers must engage in the interactive process to provide reasonable accommodations for pregnancy-related conditions (such as modified duties, additional breaks, or temporary transfers). PDL leave begins when reasonable accommodations cannot eliminate the need for leave or when the employee’s health care provider determines the employee is unable to work due to pregnancy disability.
Common employer mistakes include running PDL and CFRA concurrently instead of consecutively, denying PDL to employees who have not worked sufficient hours for CFRA (PDL has no hours requirement), failing to provide required reasonable accommodations during pregnancy before disability leave becomes necessary, not understanding that CFRA and FMLA generally run concurrently except for pregnancy disability, and not understanding that CFRA can be used for purposes beyond baby bonding.
Do you understand that PDL and CFRA both apply to employers with five or more employees, that PDL and FMLA run concurrently while CFRA runs separately from PDL, and that CFRA and FMLA generally run concurrently except for pregnancy disability?
#PregnancyLeave #PDL #CFRA #FEHA #PWFA #CaliforniaEmploymentLaw
Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business or individual situation.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com