What is Pregnancy Disability Leave (PDL)?

Pregnancy disability leave (PDL) is a state law allowing unpaid, job-protected leave to employees disabled due to the addition of a new child to the family. Depending on the state you live in, PDL may allow employees to recover while they are on maternity leave.

It’s important to know employers are not entitled to pay employees for time taken off work due to PDL. However, those who qualify for PDL may sign up for short-term disability insurance, which may serve to compensate for lost wages.

Employees can receive a little over 50% of their wages during PDL, subject to a maximum set by law each year.

If your employer withholds time spent recovering from pregnancy and tending to your newborn, you may qualify for compensation.

The best way to verify whether you have a lawsuit is by talking to an employment attorney. Federal and state laws allow you to rest with your child; don’t let your rights be taken away.

Eligibility for Pregnancy Disability Leave

To be eligible for pregnancy disability leave, you must first work under an employer with 5 or more employees. You must then suffer from a pregnancy-related disability or other ailment related to childbirth.

Examples of pregnancy-related reasons that may qualify for PDL include:

• Prenatal or postnatal care
• Severe morning sickness
• Doctor-ordered best rest
• Recovery after delivery
• Miscarriages or pregnancy terminations

An employee is required up to four months of unpaid leave, but more may be available depending on your employer’s insurance policy. If they provide more than four months for other disabilities, that must apply to pregnancy leave as well.

PDL doesn’t require employers to pay their workers unless the employee uses their sick, vacation, paid time off, or extended sick time. Nearly eight states have publicly-funded maternity leave:

• California
• Connecticut
• Massachusetts
• New Jersey
• New York
• Rhode Island
• Washington
• Oregon

Although paid maternity leave is beneficial, some states don’t have protections besides the Family and Medical Leave Act (FMLA). The FMLA protects government employees or private companies employing 50+ employees with 1,250 work hours in the prior year.

After your pregnancy disability leave ends, you may also qualify for Paid Family Leave (PFL). You can use this benefit to care for an ill family member, but also to bond with your child.

How to Apply for Pregnancy Disability Leave

If possible, send PDL requests 30 days in advance of when you require disability leave and its estimated duration. In emergency or medical situations, notice should be given as soon as practicable.

Your employer may require written certification by the medical provider, but they may not disclose private information.

If you are applying for pregnancy disability leave, you can also seek the below benefits:

• Apply for Temporary Disability Insurance (TDI): You may apply online, by mail, or by fax at your state’s government website. Provide all necessary information including Social Security, contact number, date of birth, etc.
• The Family Medical Leave Act (FMLA): Take advantage of the FMLA after childbirth you need time to care for your newborn for up to 12 weeks. Your job is protected once you return through the Pregnancy Discrimination Act.

It’s best to contact an employment attorney to understand your rights and what options you can take when applying for PDL.

How Long is Pregnancy Disability Leave?

The pregnancy disability leave period is up to four months for a pregnant employee or about 17 weeks. The four months may be taken during the last few weeks before and after childbirth.

For employees eligible for FMLA, the employee may ask for up to 12 additional weeks of unpaid and job-protected leave for bonding with their newborn.

Pregnancy Disability Leave vs. FMLA

Pregnancy disability leave and the Family and Medical Leave Act are laws allowing job protection for pregnant employees. They may serve similar purposes, but their benefits differ in a few ways.

• Eligibility: Other than pregnancy, there is no eligibility for PDL. Furthermore, FMLA requires employees to work for at least 1 year, and 1,250 hours within the past year.
• Time of leave: PDL provides up to four months of leave, whereas FMLA provides up to 12 weeks in a 12-month timeline.
• FMLA requires employees’ group health insurance coverage to continue during their leave. PDL requires that employers provide reasonable accommodations and transfer processes to less-hazardous jobs.

Besides these differences in benefits, both laws work similarly in protecting employees while they’re suffering from pregnancy-related disabilities.

What Happens if Your PDL Runs Out?

After an employee’s PDL runs out, they may be entitled to the California Family Rights Act (CFRA) which applies to all California-based employees. The CFRA allows eligible employees to take job-protected leave for several reasons including childbirth. The law allows up to 12 weeks of unpaid job-protected leave.

If you’re not based in California for these benefits, consider finding an employment attorney to help guide you through the laws that may help you during PDL. Other laws based in certain states can assist you if you run out of PDL.

How Much is Pregnancy Disability Leave?

You get unpaid protected leave while on pregnancy disability leave. However, you may be entitled to temporary disability for wage replacement. The amount of temporary disability would depend on your circumstances. Generally, 50-100% of an individual’s wage may be assisted up to eight weeks after childbirth.

It’s critical to understand the conditions of your policy before going on leave. Thus, you should consult your employer’s human resources manager on how to submit your PDL claim.

Can Your Employer Fire You While on Pregnancy Disability Leave?

Your employer cannot fire you while on pregnancy disability leave. Pregnancy discrimination is illegal under Title VII and the Pregnancy Discrimination Act (PDA), including firing, hiring, and pay discrepancies due to pregnancy.

However, you may face termination for reasons separate from your pregnancy, such as mass layoffs or if your employer planned to terminate you before PDL.

Returning to Work After PDL

When returning to work after a pregnancy disability leave, employees have rights and protections under federal laws such as:

• Job Rehabilitation—if you are able to work after a pregnancy, your employer must offer reasonable accommodation to maintain your employment.
• Pay and Benefits—employees should receive the same benefits as before and similar wages, overtime opportunities, and unconditional wage increases that would happen when they were on leave.
• Protection from Discrimination—employees are protected from discrimination during and after pregnancy.
• Confidentiality—medical information should be kept confidential; you are not entitled to disclose your health problems to your employer.

Contact an employment attorney if you face discrimination due to pregnancy disability leave. You may contact your company’s human resource center to report the incident, but for legal action, contact a lawyer as soon as possible.

Faced Adverse Action from Being Pregnant? Hire an Attorney.

Hire an employment attorney to legally represent you when facing adverse action from pregnant disability leave. LegalASAP is a network-based company that helps connect clients to attorneys across the United States.

Schedule a free consultation to see if you qualify for an attorney. You may also call our hotline for any questions or inquiries at (888)927-3080 and we’ll try to help as soon as possible.