Pregnancy Disability To Be Treated As Any Other Disability

Tuesday, February 03, 2009

Frequently we have questions regarding employee rights when Pregnancy is an issue.

Under California Law, a maximum of 16 weeks of job-protected leave for disability related to pregnancy is required.  The test for whether a person is disabled by pregnancy is whether or not the pregnancy itself or a related medical condition results in an inability to perform one or more essential functions of the job.

Generally, a person is presumed to be disabled for a period of six (6) weeks following natural childbirth, or eight (8) weeks in circumstances where a cesarean section has been undergone.  Additionally, there may be periods of disability prior to birth.

In all cases, Disability due to pregnancy runs concurrently with FMLA (Family Medical Leave Act Leave (Federal) however not with CFRA (California Family Rights Act) leave, so, in the State of California you are entitled to up to 12 weeks unpaid leave for bonding time after birth once no longer disabled.

Pregnancy Disability must be treated the same as disabilities caused by any other affliction - for example, if a Vacation Donation Program allows for an employee with no leave balances to make a claim for donated time for a catastrophic illness or injury and the employee suffers an injury or illness that is otherwise qualifying under the program they cannot be excluded on the basis that the cause of the illness or injury was the pregnancy.  To put it in simple terms, in such a case like this it doesn’t matter what specific diagnosed illness or injury causes the disability.  It is the disabled condition itself that represents the qualifying test.