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What kind of pregnancy and family leave rights do gestational surrogates have in California?

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in FMLA Guidelines,Human Resources

Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?

A. California law is generally protective of surrogacy arrangements. It requires all public employers and private employers with five or more employees to provide up to four months of job-protected pregnancy disability leave if a woman is “actually disabled” by her pregnancy.

A woman qualifies if “in the opinion of her health care provider, she is unable because of pregnancy to work at all or is unable to perform any one or more of the essential functions of her job or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons.”

Examples of such conditions include severe morning sickness, bed rest, preeclampsia, childbirth and recovery from childbirth.

Eligibility does not depend on the reas...(register to read more)

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