Pregnancy Leave Violations Attorney

California provides up to 4 months of Pregnancy Disability Leave (PDL) under Gov. Code § 12945 for any disability related to pregnancy, childbirth, or related conditions. This is in addition to 12 weeks of CFRA bonding leave. Together, a California employee can receive up to approximately 7 months of protected leave for pregnancy and bonding. PDL applies to employers with 5+ employees and has no length-of-service requirement.

New York provides up to 12 weeks of Paid Family Leave (PFL) for bonding with a new child, partially paid at a percentage of the statewide average weekly wage. FMLA provides additional unpaid leave for pregnancy-related disability. The NYC Human Rights Law requires reasonable accommodations for pregnancy, and New York State disability insurance covers pregnancy-related medical leave.

Under FMLA, CFRA, and PDL, employers must continue group health insurance on the same terms as if you were actively working. This means the employer continues paying its share of the premium. In California, this obligation extends through the entire PDL and CFRA leave period. Failure to maintain benefits is an independent violation of leave laws.

In California, employers may request medical certification that you are disabled by pregnancy, but the certification need not disclose the specific diagnosis. For CFRA bonding leave, no medical certification is required. Employers cannot demand overly burdensome medical documentation. Upon return, employers may require a fitness-for-duty certification, but only if applied uniformly to all employees returning from medical leave.