California Pregnancy Disability Leave Law – All You Need To Know

Finding out that you are pregnant can be a huge shock or an exciting surprise. Either way, you may feel unprepared for the certain impacts that your work environment and/or tasks may have on your health and your child’s development. If you are concerned about potential pregnancy risks at work, you may be considering taking leave, which is completely legal under the California Pregnancy Disability Leave Law.

If you are concerned about illegal retaliation from your employer in response to taking Pregnancy Disability Leave (PDL), you may benefit from seeking the help of a California pregnancy disability lawyer. The Shirazi Law Firm, PC, has a team of lawyers who are ready to take on your unique case and empower you as you take the necessary steps to protect both your career and your pregnancy.

What Is Pregnancy Disability Leave Law?

The University of California, San Francisco (UCSF) describes the California Pregnancy Disability Leave Law as a statewide standard for providing eligible employees with unpaid, job-protected leave when they are pregnant, when they give birth, lose their pregnancy, and/or experience pregnancy-related conditions.  Employees may be eligible for up to four months of PDL per pregnancy.

Your right to take PDL is protected by Cal. Code Regs. Tit. 2, § 11042, making it illegal for your employer to terminate your employment in response to you going on leave. If you are worried about or have experienced wrongful termination in response to your PDL, contact a local pregnancy disability lawyer right away. Not only can they help you understand the complex legal jargon and proceedings, but they can also negotiate on your behalf and assist you every step of the way.

Pregnancy on its own isn’t automatically considered a “disability” under this law — what matters is your doctor’s opinion. You’re considered disabled by pregnancy once your doctor determines you can’t safely perform one or more essential parts of your job. In practice, most doctors certify this by around week 36 of pregnancy, even without complications, simply because late pregnancy makes most jobs physically harder. If you have complications — like the ones listed below — your doctor can certify you as disabled much earlier.

Who Qualifies for Pregnancy Disability Leave?

You qualify for PDL if your employer has 5 or more employees — and unlike some other leave laws, there’s no minimum length of employment required. You’re covered from your very first day on the job, whether you work full-time or part-time.

What Is Considered a Valid Reason to Take Pregnancy Disability Leave in California?

There are many reasons that you may find yourself in need of pregnancy disability leave. Perhaps you feel that certain aspects of your workplace or work responsibilities could negatively impact the baby’s health and your well-being. Maybe you are unable to accomplish certain things due to the side effects of your pregnancy. Here are a few examples of reasons you may qualify for Pregnancy Disability Leave:

• Severe morning sickness
• Gestational diabetes
• Preeclampsia
• Postpartum depression
• Doctor-ordered bed rest
• Miscarriage
• Emotional recovery from a miscarriage
• Pregnancy-induced hypertension
• Prenatal care
• Postnatal care
• Giving birth
• Recovery from giving birth

According to the California Civil Rights Department, you are also allowed to request accommodations if you decide to keep working. Regardless of what you decide, you deserve to be able to go to work without having to be concerned about your health or the possibility of being fired due to your pregnancy.

The health of you and your baby is of paramount importance, and if you are at all concerned about any potential fallout post-Pregnancy Disability Leave, there are skilled lawyers who are prepared to take on your case.

It can be difficult to achieve a work-life balance. If you find yourself adding a legal case on top of that already tricky endeavor, it can be easy to become overwhelmed. At the Shirazi Law Firm, PC, we believe in handling the legal and administrative side of your case so that you can pursue your desired outcomes while focusing on what matters most: your health and your family.

What Happens After Your PDL Ends? (Bonding Leave and Pay)

Once your pregnancy-related disability ends, your leave doesn’t have to end there. Eligible employees can take up to 12 additional weeks of leave under the California Family Rights Act (CFRA) to bond with the new baby — separate from and in addition to PDL. Combined, that can add up to roughly 7 months of job-protected leave per pregnancy.

You may also be paid during part of this time. California’s State Disability Insurance (SDI) can replace 70–90% of your wages during the disability portion of your leave, and Paid Family Leave (PFL) — funded through the same program — can pay for up to 8 weeks of your bonding leave. For claims starting in 2026, the maximum weekly benefit is $1,765. Neither PDL nor CFRA leave itself is paid by your employer — SDI/PFL come from the state, not your company — so it’s worth applying for both if you qualify.

FAQs

How Long is Disability Leave for Pregnancy in California?

In California, pregnant employees are permitted to take up to four months of PDL. During this time, it is illegal for your employer to terminate your employment or hire a replacement for you. Title VII of the Civil Rights Act of 1964 makes it illegal to fire someone because they are pregnant, which means that you are protected by law. It is also illegal to terminate the employment of an individual on pregnancy disability leave.

How Much Does a Pregnancy Disability Lawyer Cost in California?

Due to the unique nature of each situation, the final cost of a pregnancy disability lawyer tends to vary case by case in California. Still, some consistent factors can impact the overall price, such as how long your case takes to resolve, how complicated it is, and who you hire to represent you. At the Shirazi Law Firm, PC, our lawyers believe in helping you build a case that you feel is worth every second and cent you may spend.

Is Pregnancy Disability Leave Covered by Employers in California?

Yes, in the state of California, employers are legally required to provide Pregnancy Disability Leave (PDL). Pregnant individuals are allowed to take up to four months (or 17 1/3 weeks), during which employers must not terminate their employment in any way. Some employers provide income for employees on pregnancy disability leave, but it is not guaranteed. If your employer has terminated or has threatened to terminate your employment during your PDL, contact a pregnancy disability lawyer right away.

You also don’t lose your job protection just because your position changes while you’re out — when you return, your employer must reinstate you to the same job or a truly comparable one, unless they can show your job would have been eliminated for legitimate business reasons even if you hadn’t taken leave (a real layoff, for example — not just “it was inconvenient to hold your job open”).

How Can You Get Your Doctor to Put You on Disability While Pregnant in California?

Schedule an appointment and be specific with your doctor about what your job actually requires — standing for long periods, lifting, irregular hours, or exposure to anything that could be risky during pregnancy. Your doctor is the one who decides whether you’re “disabled by pregnancy” for legal purposes — not your employer, and not you. If your doctor agrees your job tasks (or just the pregnancy itself, closer to your due date) make it unsafe or impossible to keep working, they’ll fill out a medical certification. That certification is what you submit to your employer for PDL, and to the EDD if you’re also applying for State Disability Insurance pay. Bring a simple written list of your job duties and any specific concerns to the appointment — it makes it much easier for your doctor to certify you accurately and quickly.

What If Your Employer Denies or Retaliates Against Your Leave?

It’s illegal for your employer to deny valid PDL, fire you, demote you, or otherwise punish you for taking it. If that happens, you have three years from the date of the violation to file a complaint with the California Civil Rights Department (CRD) — you generally can’t skip straight to filing a lawsuit; the CRD complaint comes first. Once the CRD issues a right-to-sue letter, you then have one year to file a lawsuit in court. These deadlines are strict, so don’t wait to talk to an employment lawyer if you think your rights were violated.

Get Representation Today

Bringing a child into the world can be incredibly exciting and extremely overwhelming, even without the fear of losing your job. If you are concerned that your employer may terminate you because of the side effects of your pregnancy, do not worry.

At the Shirazi Law Firm, PC, you can meet with skilled and compassionate lawyers who are ready to help you in the pursuit of job protection and justice. Your lawyer is qualified to handle all the legal and administrative tasks that a pregnancy disability case may require, leaving you to focus on what matters most: the health of you and your baby. Contact us today to schedule a consultation.