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§ 11046. Relationship between CFRA and Pregnancy Leaves.


Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 4.1. Department of Fair Employment and Housing
Chapter 5. Fair Employment and Housing Council
Subchapter 2. Discrimination in Employment
Article 6. Pregnancy, Childbirth or Related Medical Conditions
2 CCR § 11046
§ 11046. Relationship between CFRA and Pregnancy Leaves.
(a) Separate and Distinct Entitlements. The right to take a pregnancy disability leave under Government Code section 12945 and these regulations is separate and distinct from the right to take leave under the California Family Rights Act (CFRA), Government Code sections 12945.1 and 12945.2.
(b) Serious Health Condition - Pregnancy. An employee's own disability due to pregnancy, childbirth, or related medical conditions is not a serious health condition under CFRA.
(c) CFRA Leave after Pregnancy Disability Leave. At the end of the employee's period(s) of pregnancy disability, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible employee may request to take CFRA leave of up to 12 workweeks for reason of the birth of her child, if the child has been born by this date.
(1) There is no requirement that either the employee or child have a serious health condition in order for the employee to take CFRA leave for the birth of her child. There is also no requirement that the employee no longer be disabled by her pregnancy before taking CFRA leave for the birth of her child.
(2) Where an employee has utilized four months of pregnancy disability leave prior to the birth of her child, and her health care provider determines that a continuation of the leave is medically necessary, an employer may, as a reasonable accommodation, allow the employee to utilize CFRA leave prior to the birth of her child. No employer shall, however, be required to provide more CFRA leave than the amount to which the employee is otherwise entitled under CFRA.
(d) Maximum Entitlement. The maximum statutory leave entitlement for California employees, provided they qualify for CFRA leave, for both pregnancy disability leave and CFRA leave for reason of the birth of the child and/or the employee's own serious health condition is the working days in 29 1/3 workweeks. This assumes that the employee is disabled by pregnancy for four months (the working days in 17 1/3 weeks) and then requests, and is eligible for, a 12-week CFRA leave for reason of the birth of her child.
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12945, 12945.1 and 12945.2, Government Code.
1. Change without regulatory effect renumbering former section 7291.13 to new section 11046 and amending section and Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. Amendment of section heading and section filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).
This database is current through 11/12/21 Register 2021, No. 46
2 CCR § 11046, 2 CA ADC § 11046
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