The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
FMLA and CFRA are laws that provide eligible employees up to 12 weeks of job protected unpaid leave in a 12-month period for a number of situations which include pregnancy, child birth, or need to bond/care with a new born, adopted or foster child.
If it happens that both you and your spouse work for the County, the 12 weeks FMLA protection is split between the two of you, so you do not receive 12 weeks each of FMLA.
Pregnancy Disability Leave (PDL)
In addition to FMLA and CFRA, California has another law, Pregnancy Disability Leave, (PDL) which gives you time off if you are disabled during pregnancy and after the birth of the baby. The law allows up to four months of job protection and the continuation of the usual County sponsored portion of health benefits should you be off of work due to a pregnancy related disability including prenatal care, and postpartum recovery.
The actual length of time of your disability will depend on your individual condition and must be certified by your licensed health care provider. Also, upon the documented advice of your health care provider, you may request temporary reassignment to a less strenuous or hazardous position before the birth. If the County can reasonably accommodate such a request, it must be granted.
Following PDL which usually runs at the same time as FMLA, you might be eligible to use up to 12 weeks of CFRA leave which allows for 12 weeks within the year for bonding with the new child. This leave does not have to be taken all at once but may be used on an intermittent basis. Contact the Leave Coordinator to find out if this is available to you.
There is no eligibility requirement for a leave of absence under PDL aside from being pregnant. Extra hire and fixed term employees are also eligible. The time off start and expected end date must be certified by your medical practitioner.
Returning to work after PDL - If you were on an extended leave due to your medical condition, be sure to acquire a medical statement indicating any request for accommodations from your physician.
County's Pregnancy Leave Policy on Allowed Time Off - PMR 44.14
The County allows any female employee up to 6 months unpaid leave for pregnancy, childbirth and related medical conditions. You may use accrued sick, vacation or other accrued paid leave during this period of time. If you run out of accrued leave time, you will be on an unpaid leave status and will not be accruing any sick or vacation time until you return to work.
Typical Timeline for Birth Mother
The timeline below shows the most typical timeline for a birth mother. It can vary significantly depending on your pregnancy. If you have a particular question because your pregnancy does not follow this, please contact the Leave Coordinator in HR.
Lactation Accommodation PMR 44.15
In accordance with state law, the County will provide a reasonable amount of break time for you to express milk. If possible, the break time will be that already provided. If not, the break time will be unpaid.
Please inform your supervisor or the HR Leave Coordinator, of your need for a lactation accommodation location. The County will endeavor to provide an appropriate private location close to your work area with access to a refrigerator to store expressed milk.