How Pregnancy Disability Leave works
PDL is in Government Code §12945. Under current law it generally applies to employers with five or more employees. Unlike CFRA, there is no requirement that you worked for the employer for a certain time or a certain number of hours. You can take PDL for the time you are actually disabled by pregnancy, childbirth or a related condition, as certified by your health care provider. That can include severe morning sickness, prenatal care, bed rest, recovery from childbirth and related conditions.
PDL is up to four months per pregnancy, measured as the hours you would normally work in four months. It does not have to be taken all at once; it can be taken intermittently or as a reduced schedule when medically advisable. During PDL, the employer must generally maintain your group health coverage, and at the end you generally have the right to return to the same position, with limited exceptions.
PDL and CFRA bonding leave together
PDL covers the period of disability. Leave to bond with the baby is a different right under CFRA, which can give eligible employees up to 12 additional workweeks after the PDL ends. Because the eligibility rules differ, some employees qualify for PDL but not for CFRA, for example if they have worked for the employer less than 12 months.
Both kinds of leave are generally unpaid by the employer, but wage replacement may be available: State Disability Insurance for the time you are disabled and Paid Family Leave for bonding, both administered by the EDD. You may also be able to use accrued sick leave or vacation, depending on the rules and the employer's policy.
Accommodation, transfers and lactation
Even if you do not need leave, an employer must generally provide reasonable accommodation for a pregnancy-related condition when you request it with your provider's advice, for example modified duties, more frequent breaks, a stool, or temporary transfer to a less strenuous or hazardous position if one is available. Requesting an accommodation is protected activity.
After you return, California law requires employers to provide reasonable break time and a private place, other than a bathroom, to express breast milk (Labor Code §§1030–1034). Denying lactation breaks or retaliating for using them can be a separate violation.
When pregnancy is behind a firing or demotion
Under FEHA, sex includes pregnancy, childbirth, breastfeeding and related medical conditions. Firing, demoting, refusing to hire or cutting hours because an employee is pregnant, or because she might need leave, can be unlawful discrimination. Comments about commitment, sudden criticism after you announced the pregnancy, or being replaced during leave can all be relevant evidence.
Keep copies of your provider's notes, accommodation requests and the employer's responses. A complaint with the California Civil Rights Department generally comes before a FEHA lawsuit. An employment attorney can check how PDL, CFRA, FEHA and federal law fit together in your case.
Your next steps
- PDL covers the time you are disabled by pregnancy, up to four months, generally from employers with five or more employees.
- Bonding leave under CFRA is a separate right that can follow PDL if you are eligible.
- Ask for accommodations in writing and keep copies of your provider's notes and the employer's replies.
Sources and legal basis
- California Government Code §12945 (pregnancy disability leave)
- California Civil Rights Department: family, medical and pregnancy leave
- California Labor Code §1030 (lactation accommodation)
- EDD: State Disability Insurance
- EEOC: pregnancy discrimination
General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.