Legal Question in Medical Leave in California

Pregnancy leave and FMLA - REPLY

No, under the FMLA, the term "serious health conditions" is defined to include any periods of incapacity or treatment due to pregnancy, including prenatal care. Thus, the Family and Medical Leave Act (FMLA) leave would be included within the employer's pregnancy leave.

However, in California, a pregnant employee could take a maternity leave for up to four months and then take an additional 12 weeks of California Family Right Act of 1993 "CFRA" leave, due to the birth of her child. This is because in California the right to take a pregnancy disability leave is separate and distinct from the right to take a "family and medical leave" under the California Family Right Act of 1993 "CFRA". Accordingly, in California, a woman could take a maximum of seven months off for the birth of her child.