Question: Our employee has been out on pregnancy disability leave for eight (8) weeks and plans on taking an additional six (6) weeks off after their pregnancy disability ends. She does not qualify for FMLA or CFRA. Do I need to do anything?

Answer: If the employee is not eligible for CFRA leave, the extended time off would not be protected under Federal or State law. The employer should first request a return-to-work doctor’s certificate confirming the end of their pregnancy disability.

The employer is not required to grant the time off. However, if the time off is granted, the employer should provide an EDD Paid Family Leave pamphlet which describes the wage replacement benefits available during time off to care for family members.