PHRca Leaves of Absence and Benefits 4 — Questions and Answers
Question 1: After exhausting Pregnancy Disability Leave in California, what reinstatement right does the employee have?
- Return to the same position only if leave lasted fewer than 4 weeks
- Return to the same or a comparable position with equivalent pay and benefits (Correct answer)
- The employer may offer any available opening upon return
- Reinstatement is only guaranteed if no permanent replacement was hired
Correct answer: Return to the same or a comparable position with equivalent pay and benefits
Upon return from PDL, an employee is entitled to reinstatement to the same position or a comparable position with the same pay, benefits, and working conditions.
Question 2: A birth mother takes Pregnancy Disability Leave after childbirth. How does PDL interact with FMLA and CFRA?
- PDL runs concurrently with FMLA, exhausting both; CFRA baby bonding leave may then run separately afterward (Correct answer)
- PDL, FMLA, and CFRA all run sequentially, providing the maximum total leave
- PDL runs concurrently with both FMLA and CFRA simultaneously
- The employee must choose one leave type; they cannot run together
Correct answer: PDL runs concurrently with FMLA, exhausting both; CFRA baby bonding leave may then run separately afterward
PDL runs concurrently with FMLA (exhausting both), but NOT with CFRA — allowing a California birth mother to take PDL/FMLA followed by up to 12 weeks of CFRA baby bonding for a potential total of approximately 7 months.
Question 3: Under California AB 1949 (effective January 1, 2023), how many days of bereavement leave must covered employers provide?
- 3 days of paid bereavement leave
- Up to 5 days of leave (unpaid unless employer has an existing paid policy) (Correct answer)
- 7 days of paid leave for immediate family only
- 3–5 days at the employer's sole discretion
Correct answer: Up to 5 days of leave (unpaid unless employer has an existing paid policy)
AB 1949 requires employers with 5 or more employees to provide up to 5 days of bereavement leave for a qualifying family member's death; the leave need not be paid unless the employer already has a paid policy.
Question 4: California Labor Code Section 230.1 provides domestic violence leave protections to employees of employers with how many employees?
- 1 or more employees (all employers) (Correct answer)
- 5 or more employees
- 25 or more employees
- 50 or more employees
Correct answer: 1 or more employees (all employers)
California's domestic violence leave (Labor Code 230/230.1) applies to ALL employers regardless of size, covering any employer with at least one employee.
Question 5: Under California Labor Code Section 1030, what space must an employer provide for lactation accommodation?
- A reasonable break time and a private location that is not a bathroom stall (Correct answer)
- A designated room only if the employer has 50 or more employees
- Break time during the first 6 months postpartum; no space requirement
- A private space is optional as long as reasonable break time is given
Correct answer: A reasonable break time and a private location that is not a bathroom stall
Labor Code Section 1030 requires employers to provide both reasonable break time and a private location other than a toilet stall for expressing breast milk.
Question 6: California Labor Code Section 230.2 extends crime victim leave to victims of which offenses?
- Only felonies resulting in documented physical injury
- Felony crimes and specified misdemeanors including domestic violence, sexual assault, and stalking (Correct answer)
- Any crime reported to law enforcement within 72 hours
- Only violent crimes involving direct physical contact
Correct answer: Felony crimes and specified misdemeanors including domestic violence, sexual assault, and stalking
California's crime victim leave covers victims of felony crimes as well as specified misdemeanors including domestic violence, sexual assault, and stalking, to attend legal proceedings.
Question 7: Under California Labor Code Section 1025, what must an employer with 25 or more employees do when an employee requests leave to enter alcohol or drug rehabilitation?
- Provide up to 30 days of paid rehabilitation leave
- Reasonably accommodate the request unless doing so causes undue hardship (Correct answer)
- Grant leave only if the employee is enrolled in the employer's EAP
- Provide up to 90 days of unpaid leave for any substance treatment program
Correct answer: Reasonably accommodate the request unless doing so causes undue hardship
Labor Code Section 1025 requires covered employers to reasonably accommodate an employee's voluntary entry into rehabilitation, subject to an undue hardship defense.
PHRca Leaves of Absence and Benefits 4
After exhausting Pregnancy Disability Leave in California, what reinstatement right does the employee have?