Federal

Condition

California

Yes, for employers with 15 or more workers.

Yes, for employers with 5 or more workers.

(Fair Employment and Housing Act [FEHA])

Employer Choice. Must be same as leave provisions for other disabled employees.

Paid/Unpaid?

Employer Choice. Must be same as leave provisions for other disabled employees.

All pregnant female employees, regardless of length of service.

Applies to?

All pregnant female employees, regardless of length of service.

"Affected" employees who are pregnant, in childbirth or have a related medical condition. "Disabled" employees who are unable to perform essential functions of the normal job in the opinion of a licensed healthcare professional.

Reasons for leave?

"Affected" employees who are pregnant, in childbirth or have a related medical condition. "Disabled" employees who are unable to perform essential functions of the normal job in the opinion of a licensed healthcare professional.

Up to 12 weeks under the Family and Medical Leave Act of 1993.

Duration?

Up to 4 months. California Family Rights Act leave can extend for another 12 weeks beyond pregnancy leave.

Yes.

Guaranteed return to work?

Yes.

Same or similar job, at same or similar pay, working same or similar hours in same or similar location.

Accommodation by temporary transfer of employment to a less hazardous or strenuous position prior to actual leave. Guaranteed return to same or similar job at same or similar pay, working same or similar hours in same or similar location following leave.

Must match procedures required of employees on other temporary disability leaves. Employers may require certification of licensed medical professional.

Employer verification?

Must match procedures required of employees on other temporary disability leaves. Employers may require certification of licensed medical professional.

EEOC complaint. Federal court for injunctive relief, back pay, reinstatement, attorney's fees & costs if policy administered in a discriminatory manner.

Penalties for failure to comply?

DFEH complaint. State court for injunctive relief, back pay, reinstatement, attorney's fees & costs if policy administered in a discriminatory manner.