Despite The Pregnancy Disability Leave Act Mandating Four Months Leave, An Employer May Nonetheless Be Liable For Other Violations Under The Fair Employment And Housing Act.

Plaintiff brought an action under the California Fair Employment and Housing Act [Government Code section 12900; FEHA] alleging she was disabled due to a high risk pregnancy. Her employer granted her all permissible leave available under the Pregnancy Disability Leave Act [Government Code section 12945; PDLL], then terminated her employment when she failed to report for work. The employer asserted that once the maximum four-month leave period specified in the PDLL expired, plaintiff was entitled to no further protection under FEHA. The trial court sustained the employer’s demurrer without leave to amend. The Court of Appeal reversed, stating:  “We conclude that [the employer’s] proposed construction is contradicted by the plain language of the PDLL, which makes clear that its remedies augment, rather than supplant, those set forth elsewhere in the FEHA.” Additionally, the appellate court stated:  “Under section 12940, a woman disabled by pregnancy is entitled to the protections afforded any other disabled employee — a reasonable accommodation that does not impose an undue hardship on her employer. As the caselaw makes clear, disability leave may in some circumstances exceed four months.”  Sanchez v. Swissport, Inc.  (Cal. App. Second Dist., Div. 4;  February 21, 2013) 213 Cal.App.4th 1331.