California to implement amended pregnancy
Source: Wolers Kluwer’s Employment Law Daily
“Several noteworthy changes are in store for California
employers when revised pregnancy regulations issued
take effect on December 30. The state’s Office of
Administrative Law approved the changes on November
30 following an interactive process that included public
“Definitions are changed significantly, starting with a
more detailed definition of “disabled by pregnancy.”
Lactation is specifically included as a “condition related
to pregnancy, childbirth, or a related medical condition.”
A “perceived pregnancy” is protected and is defined.
“Four months”—the duration of available leave—is
also revised in order to clarify how to calculate leave.
The definition of health care provider is expanded
“The new regulations clearly articulate the employer’s
duty to reasonably accommodate an employee’s
pregnancy. Additionally, they change employers’
obligations regarding reinstatement of an employee
after pregnancy leave. Specifically, for an employer to
justify not reinstating an employee to a comparable
position after pregnancy leave, it must prove either:
A. that the employer would not have offered a
comparable position to the employee if she would
have been continuously at work during the pregnancy
disability leave or transfer period,
B. that there is no comparable position available.
“Further, the regulations clarify employers’ health care
coverage obligations under pregnancy leave (applicable
to employers with five or more full or part-time
employees) and under the California Family Rights
Act (applicable to employers with 50 or more
employees). The time that an employer maintains
and pays for group health coverage during pregnancy
disability leave must not be used to meet an employer’s
obligation to pay for 12 weeks of group health coverage
during leave taken under CFRA. This is true even where
an employer designates pregnancy disability leave as
family and medical leave under FMLA. The entitlements
to employer-paid group health coverage during pregnancy
disability leave and during CFRA are two separate and
The full text of the approved regulations can be found at
TO RESEARCH NYPPL POSTINGS type in your key word or phrase in the box at the upper left and tap enter.
Saturday, December 22, 2012
California to implement amended pregnancy regulations
Handbooks focusing on New York State and Municipal Public Personnel Law:
The Discipline Book - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
The Disability Benefits E-book: - This e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://booklocker.com/3916.htmlA Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Copyright© 1987 - 2016 by the Public Employment Law Press.