Legal Resources | Code of Regulations, Title 2 | 11046
Relationship Between CFRA and Pregnancy Leaves.
(a) Separate and Distinct Entitlements
The right to take a pregnancy disability leave under Government Code section 12945 and these regulations is separate and distinct from the right to take leave under the California Family Rights Act (CFRA), Government Code sections 12945.1 and 12945.2.
(b) Serious Health Condition - Pregnancy
An employee's own disability due to pregnancy, childbirth or related medical conditions is not a serious health condition under CFRA.
(c) CFRA Leave after Pregnancy Disability Leave
At the end of the employee's period(s) of pregnancy disability, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible employee may request to take CFRA leave of up to 12 workweeks for reason of the birth of her child, if the child has been born by this date.
(1) There is no requirement that either the employee or child have a serious health condition in order for the employee to take CFRA leave for the birth of her child. There is also no requirement that the employee no longer be disabled by her pregnancy before taking CFRA leave for the birth of her child.
(2) Where an employee has utilized four months of pregnancy disability leave prior to the birth of her child, and her health care provider determines that a continuation of the leave is medically necessary, an employer may, as a reasonable accommodation, allow the employee to utilize CFRA leave prior to the birth of her child. No employer shall, however, be required to provide more CFRA leave than the amount to which the employee is otherwise entitled under CFRA.
(d) Maximum Entitlement
The maximum statutory leave entitlement for California employees, provided they qualify for CFRA leave, for both pregnancy disability leave and CFRA leave for reason of the birth of the child and/or the employee's own serious health condition is the working days in 29 1/3 workweeks. This assumes that the employee is disabled by pregnancy for four months (the working days in 17 1/3 weeks) and then requests, and is eligible for, a 12-week CFRA leave for reason of the birth of her child.
Authority cited:
Government Code 12935(a)
Reference:
Government Code 12945
Government Code 12945.1
Government Code 12945.2
(Amended by Register 2013, No. 40.)