Pregnancy, Childbirth and Childrearing

Section 5210 Section 5210.110  Pregnancy, Childbirth and Childrearing a)         A written or unwritten policy or practice which excludes from employment applicants or employees because of pregnancy is a violation of the Act, unless the employee's pregnancy renders her physically unable to be trained for or to perform the duties of the position in question.  If is also a violation for an employer to discharge an employee because she becomes pregnant. b)         Temporary disability resulting from pregnancy, miscarriage, abortion, childbirth and recovery therefrom must be considered by an employer offering leaves for other temporary disabilities to be a justification for a leave of absence for a female employee.  The term and conditions of pregnancy-related disability leaves of absence may not be more restrictive, and need not be more generous, than those applied to disability leaves for other purposes. c)         Non-disability leaves of absence for the purpose of childrearing shall be granted on the same terms and conditions applied to other non-disability leaves of absence.  An employer's policy or practice regarding leaves for childrearing must be applied equally to male and female employees. d)         Illness or disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom must be treated as any other temporary disability under a disability or medical benefit plan available in connection with employment.  Policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, and payment under any wage loss or insurance plan, must be applied to disability due to or related to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities.