What California Pregnancy Disability Leave Covers
California Pregnancy Disability Leave (PDL) is a job protection program run by the state that lets you take unpaid time off work for pregnancy, childbirth, and related medical conditions — without losing your job or health insurance. It is separate from federal Family and Medical Leave Act (FMLA) protections and often provides more coverage than federal law requires.
PDL covers the period when you cannot work because of pregnancy itself, recovery after delivery, miscarriage, abortion, or medical conditions related to pregnancy. It does not cover childcare after you return to work, and it does not pay you — your employer may offer short-term disability insurance that does pay, but that is a separate benefit.
The leave must be granted by your employer if you work for a company with five or more employees in California. If your employer offers disability insurance, you may receive partial wage replacement through that plan while on PDL, but the state program itself provides only job protection.
Key Takeaways
- California PDL protects your job for up to four months of unpaid leave related to pregnancy, childbirth, and recovery, regardless of whether you have worked there a long time.
- You must notify your employer in writing as soon as you know you need the leave, and provide a doctor's certification of the dates you cannot work.
- Your employer must continue your health insurance during PDL at the same rate as if you were actively working.
- If your employer denies PDL or fires you for taking it, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) within one year.
- PDL runs concurrently with other leave your employer offers, meaning time off counts toward both PDL and vacation or sick leave at the same time.
Who Is Covered Under California PDL
You are covered if you work for an employer with five or more employees anywhere in California. This includes full-time, part-time, and temporary workers. It does not matter how long you have worked there — you do not need to have been employed for a set period before you can use PDL.
If you work for a smaller employer (fewer than five employees), federal FMLA may still protect you if your workplace has 50 or more employees within 75 miles. Check with your HR department or the U.S. Department of Labor to understand what federal protections explore to you.
You are also covered if you are a domestic worker, agricultural worker, or work on commission. The law applies regardless of your immigration status or whether you are a citizen.
How Long You Can Take Pregnancy Disability Leave
California law allows up to four months (approximately 17 weeks) of unpaid PDL per pregnancy. Your doctor determines the actual dates you cannot work, and those dates set the length of your leave — not the calendar.
The four-month period includes time before delivery (if your doctor says you cannot work), recovery time after delivery, and time for pregnancy-related medical conditions. If you have complications that extend your recovery, your doctor can extend the certification, and your employer must honor it up to the four-month limit.
If you take PDL and then return to work, you cannot use PDL again for the same pregnancy. However, if you have another pregnancy later, you receive a new four-month entitlement.
How to Request Pregnancy Disability Leave
Notify your employer in writing as soon as you know you need leave. Email to your HR department or manager is acceptable, but keep a copy for your records. Include the expected start date and expected end date of the leave if you know them.
Your employer will ask for a doctor's certification. Use the Physician's Certification of Disability form (DE 2750), available from the California Department of Employment Development (EDD) website, or your employer may provide their own form. Your doctor must state the dates you cannot work and the reason (pregnancy, recovery, related medical condition).
Submit the certification to your employer within the timeframe they request — typically within 15 days of receiving the form. Your employer cannot require certification more often than every 30 days unless your condition changes significantly.
Your employer must confirm in writing that they have approved your PDL and tell you the expected return date. If they deny the leave, ask for the reason in writing and contact the California Department of Fair Employment and Housing (DFEH) if you believe the denial is unlawful.
What Happens to Your Pay and Benefits During Leave
PDL is unpaid leave, meaning your employer does not have to pay your regular salary while you are gone. However, your employer must continue your health insurance at the same cost and coverage level as if you were actively working. If you normally pay a portion of your premium, you continue to pay that portion — your employer cannot increase your share because you are on leave.
If your employer offers short-term disability insurance, you may receive partial wage replacement (typically 50 to 70 percent of your salary) through that plan. This is not part of PDL itself but a separate employer benefit. Ask your HR department whether your workplace offers disability insurance and what it covers.
Accrual of paid time off (vacation, sick leave) varies by employer policy. Some employers continue to accrue paid leave during PDL; others do not. Check your employee handbook or ask HR what your company's policy is.
Returning to Work After Pregnancy Disability Leave
Your employer must restore you to your same job or an equivalent position with the same pay, benefits, and terms of employment. You cannot be demoted, transferred to a less desirable shift, or placed in a different role as punishment for taking PDL.
If your employer has eliminated your position during your leave due to legitimate business reasons (not retaliation), they must offer you an equivalent position if one is available. If no equivalent position exists, they must follow the same layoff procedures they would use for any employee.
You should receive written confirmation of your return date and your job title before you return. If your employer tries to place you in a different role or at lower pay, contact the DFEH when ready.
What to Do If Your Employer Denies or Violates Your PDL
If your employer refuses to grant PDL, fires you for taking it, reduces your pay, or fails to continue your health insurance, you have the right to file a complaint. Contact the California Department of Fair Employment and Housing (DFEH) within one year of the violation. You can file online at dfeh.ca.gov, by mail, or by phone at 1-888-884-3334.
When you file, include your name, employer name, dates of the violation, and a description of what happened. Attach copies of any written communication with your employer, your doctor's certification, and any pay stubs or insurance documents that show the violation. The DFEH will investigate at no cost to you.
You do not need a lawyer to file a complaint, but you may choose to consult one. Some employment lawyers work on contingency (they take payment only if you win) or offer free initial consultations. The State Bar of California has a lawyer referral service at calbar.ca.gov.
Frequently Asked Questions
Can I use vacation or sick leave instead of PDL?
PDL runs at the same time as other leave your employer offers. If you use vacation or sick leave during your pregnancy disability period, that time counts toward both your PDL entitlement and your paid time off. You cannot extend your total leave by using paid time off — the four-month PDL limit stays the same.
Do I have to tell my employer I am pregnant to get PDL?
You do not have to announce your pregnancy to the whole workplace, but you must notify your employer (usually HR or your manager) in writing when you need the leave. You can be private about the reason — straightforward state that you need leave for a pregnancy-related medical condition and provide your doctor's certification.
What if I am not sure when my leave will end?
Your doctor provides the expected end date on the certification form, but it can change. If you need to extend your leave, ask your doctor to provide an updated certification with a new end date. Submit it to your employer as soon as possible. Your employer must honor the extension as long as the total leave does not exceed four months.
Can my employer ask me to work from home instead of taking PDL?
If your doctor says you cannot work at all, your employer cannot require you to work from home or perform any job duties. However, if your doctor says you can work part-time or from home, your employer may offer that option. You can accept or decline — it is your choice. If you decline and take full PDL instead, your employer must grant it.
Does PDL count toward my seniority or years of service?
Time on PDL counts as time employed for purposes of seniority and benefits accrual, depending on your employer's policy. Your employer cannot treat you as if you were not working during your leave. Check your employee handbook or ask HR about your specific company's seniority rules.