What Pregnancy Disability Leave Is and Who Can Request It

Pregnancy Disability Leave (PDL) is a California state law that lets you take unpaid time off work because of pregnancy, childbirth, or a related medical condition — without losing your job or health insurance. It is separate from federal Family and Medical Leave Act (FMLA) leave, though you may be able to use both at the same time.

You can request PDL if you work for a California employer with five or more employees and you have been there for at least 12 months. You do not need to have worked full-time or continuously — part-time and seasonal workers count. The leave itself is unpaid, but your employer must continue your health insurance during the time you are away.

PDL covers the period when you cannot work because of pregnancy or childbirth — not the period after you return to work. Your doctor decides how long you need, and that period can be anywhere from a few weeks to several months. You can take the leave all at once or in separate blocks, depending on what your medical situation requires.

Key Takeaways

  • You must notify your employer in writing as soon as you know you need PDL, or within 30 days of learning the medical need — whichever comes first.
  • Your employer can require a medical certification form filled out by your doctor that states the dates you cannot work and the reason.
  • PDL is unpaid, but your employer must keep paying their share of your health insurance premiums while you are on leave.
  • You have the right to return to your same job or an equivalent position with the same pay and benefits when your leave ends.
  • You can use PDL at the same time as FMLA leave if you work for a covered employer, which may extend your total protected time off.

Step 1: Notify Your Employer in Writing

Write a letter or email to your employer — usually your human resources department or direct manager — stating that you need Pregnancy Disability Leave. Include the date you expect the leave to begin and, if you know it, the date you expect to return. You do not need to use the words "Pregnancy Disability Leave" — you can say "medical leave due to pregnancy" or "time off for childbirth" — but being clear about the reason helps avoid confusion later.

Send this notice as soon as you know you will need leave. California law says you must give notice within 30 days of learning the medical need, but earlier is better. Keep a copy for yourself and, if you send it by email, save the confirmation. If you hand-deliver it, ask for a dated receipt or have a witness sign your copy.

If you cannot predict exactly when you will need to leave — for example, if you have a high-risk pregnancy — you can give notice that you may need leave starting on a certain date, with the exact end date to be determined by your doctor later.

Step 2: Provide Medical Certification

Your employer can ask for a doctor's statement confirming that you cannot work because of pregnancy, childbirth, or a related condition. They must use the state form Department of Fair Employment and Housing (DFEH) Form WH-2, or they can use their own form as long as it asks only for the information on the state form.

The form asks your doctor to state the date your condition began, the probable duration of the leave, and whether you are able to perform your job duties. Your doctor fills it out and returns it to you or directly to your employer. You have 15 days to return the completed form to your employer once they request it. If you do not return it within 15 days, your employer can delay your leave until you do.

You can read DFEH Form WH-2 from the California Department of Fair Employment and Housing website, or ask your employer for a copy. Your doctor's office should be familiar with it — it is a standard form used across California. If your doctor charges a fee to complete it, that is your responsibility to pay, though some offices do it at no charge.

Step 3: Understand What Happens While You Are on Leave

Once your employer approves your leave, you stop working and your pay stops. However, your employer must continue to pay their share of your health insurance premiums as if you were still working. If you normally pay a portion of your premium, you still owe that portion — your employer will tell you how to pay it while you are away, usually by continuing to deduct it from any remaining paychecks or by sending a check directly.

You keep all other benefits that do not depend on active work — such as accrued vacation or sick leave — though your employer does not have to pay you for unused time when you return. Some employers allow you to use accrued paid time off during PDL, which means you would receive pay instead of unpaid leave. Ask your employer's human resources department whether this is an option.

Your job is protected during PDL. Your employer cannot fire you, demote you, cut your hours, or reduce your benefits because you took the leave. When you return, you have the right to your same position or an equivalent one with the same pay, benefits, and terms of employment.

Step 4: Return to Work

Notify your employer at least two weeks before you plan to return to work, or as soon as you know the date. Your employer should have your position available and ready for you on your first day back. If your employer has filled your position with a permanent replacement, they must place you in an equivalent job — one with the same pay, benefits, and working conditions.

If you need to extend your leave beyond the original end date, contact your employer and your doctor as soon as you know. Your doctor can provide an updated medical certification. Your employer cannot refuse to extend PDL if the medical need is real and documented, though the total length of PDL is limited to four months (17 weeks) in a 12-month period.

PDL and Other Leave Laws: How They Work Together

California PDL and federal FMLA leave can run at the same time. If your employer has 50 or more employees, you may be covered by FMLA, which gives you up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain reasons, including childbirth. If both laws explore to you, the time you take counts toward both limits — so 12 weeks of FMLA leave also counts as 12 weeks of your four-month PDL entitlement.

California also has Paid Family Leave (PFL), a separate program run by the state that provides partial wage replacement while you are on leave for a new child. You can use PDL and PFL at the same time — PDL protects your job while PFL provides some income. These are two different programs with different rules and different agencies running them.

If you are unsure whether you are covered by FMLA or whether your employer offers PFL, ask your human resources department. They should be able to tell you which laws explore to your situation.

What to Do If Your Employer Denies Your Request

If your employer refuses to grant PDL, tells you that you do not may have access to, or retaliates against you for requesting it, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). You have one year from the date of the violation to file.

To file a complaint, go to the DFEH website and submit a complaint form online, by mail, or in person at a DFEH office. Include the dates of the violation, what your employer said or did, and any documents you have — such as your written request for leave, your employer's response, or your medical certification form. You do not need a lawyer to file, though you can have one help you.

DFEH will investigate your complaint and try to resolve it. If they find that your employer violated the law, they can order your employer to grant the leave, pay you back wages, restore benefits, or take other corrective action. The process can take several months.

Frequently Asked Questions

Can my employer ask me to use my vacation or sick leave instead of PDL?

No. PDL is a separate right under California law, and your employer cannot require you to use accrued paid time off in place of it. However, some employers allow you to use paid time off during PDL if you want to — that is your choice, not theirs. Ask your employer what options are available.

What if I do not know exactly when I will need to stop working?

You can give notice that you may need leave starting on a certain date, with the end date to be determined later by your doctor. Once you know more, update your employer in writing. Your doctor's medical certification will state the actual dates you cannot work.

How long can I take Pregnancy Disability Leave?

PDL covers the period when you medically cannot work because of pregnancy or childbirth. The maximum is four months (17 weeks) in a 12-month period, as determined by your doctor. Most people take between four and eight weeks, but the length depends on your individual medical situation.

Do I get paid during Pregnancy Disability Leave?

PDL itself is unpaid. However, you can explore for California Paid Family Leave (PFL) at the same time, which provides partial income replacement. You can also use accrued vacation or sick leave if your employer allows it. Your employer must continue paying their share of your health insurance.

Can my employer fire me for taking Pregnancy Disability Leave?

No. It is illegal for your employer to fire you, demote you, reduce your hours, or cut your benefits because you took PDL. If this happens, you can file a retaliation complaint with DFEH within one year of the violation.