Sec. 11047 - Relationship Between Pregnancy Disability Leave and Leave of Absence as Reasonable Accommodation for Physical or Mental Disability - Separate and Distinct Rights

ยง 11047. Relationship Between Pregnancy Disability Leave and Leave of Absence as Reasonable Accommodation for Physical or Mental Disability - Separate and Distinct Rights

The right to take pregnancy disability leave under Government Code section 12945 and these regulations is separate and distinct from the right to take a leave of absence as a form of reasonable accommodation under Government Code section 12940. At the end or depletion of an employee's pregnancy disability leave, an employee who has a physical or mental disability (which may or may not be due to pregnancy, childbirth, or related medical conditions) may be entitled to reasonable accommodation under Government Code section 12940. Entitlement to leave under section 12940 must be determined on a case-by case basis, using the standards provided in the disability discrimination provisions article 9) of these regulations, and is not diminished by the employee's exercise of her right to pregnancy disability leave.

(2. Amendment of section heading filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).)

Note: Authority cited: Sections 12935(a), Government Code. Reference: Sections 12926, 12940 and 12945, Government Code.

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