New Pregnancy Leave Regulations for California Employers in 2013

On November 30, 2012, amended Pregnancy Disability Leave (PDL) regulations for California employers were approved. They became effective on December 30, 2012. California law requires that employers with five or more employees provide PDL. Among other revisions, the new regulations:

• Expand the definition of “disabled by pregnancy” to include time off for bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; post-partum depression; childbirth; loss or end of pregnancy; or recovery from childbirth, loss or end of pregnancy.

• Clarify how to calculate the “four months” of PDL for full-time and part-time employees.

• Expand the definition of “related medical condition” to include lactation-related medical conditions such as mastitis; gestational diabetes; pregnancy-induced hypertension; preeclampsia; post-partum depression; loss or end of pregnancy or recovery from loss or end of pregnancy.

• State that the requirement to maintain health coverage during PDL of up to four months is separate and distinct from the requirement to maintain health coverage during a leave under the California Family Rights Act.

• Update Notices “A” and “B” that employers are required to provide to employees.

The full text of the amended regulations is available by clicking here.

California employers should review their leave policies to ensure that they are in alignment with the new regulations. And, California employers should familiarize themselves with these changes to ensure their practices and procedures are appropriate.