mr.

[lukeis3]

What is the name of your state (only U.S. law)? California

re: the pregnancy disability leave in CA and the requirement that the employer must make reasonable accommodation to a pregnant employee when requested - what if you have no other position to transfer her to? Or, to lighten her responsibilities puts extra work upon her co-workers? If accommodation is not realistic or available, can we just ask her to go out on leave without being in violation of the PDL act?

 

[ecmst12]

From what I can tell, the PDL only requires that you allow extra job-protected leave for pregnancy-related illness. Pregnancy and pregancy related illnesses are NOT considered disabilities under the ADA since that only covers PERMANENT conditions. The only legal requirement for pregnancy related illnesses is you must offer the same accomodations as you would offer, or have in the past offered, to any other employee with any OTHER type of temporary medical condition. If there is no light-duty job available, you can tell her she needs to use her leave, but you can't refuse to let her come back unless she exhausts all the leave available to her and does not come back at the end. It LOOKS like you have to allow her up to 16 weeks during her pregnancy (if her doctor says it's necessary) and up to 12 weeks after delivery.