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Health Benefits While Taking Family Leave

You recently learned you’re pregnant.  You’re sick and need to take leave from work.  You know you are entitled to the time off, but what about your health benefits?  You can’t afford to lose them now with a child on the way.

While California law does not specifically require employers to maintain employees’ health benefits while they take leave for pregnancy related disabilities, an employer may not treat pregnant employees who are taking leave differently from employees who are taking leave for other temporary disabilities. 

In addition, employees who return to work following a pregnancy disability leave must receive the same benefits as they had before the leave.  There can be no new qualification period, no requirement for a physical exam, and no exclusions for preexisting conditions.

Employers are required to continue providing benefits under a group health plan during a Family and Medical Leave.  Under state law, an employer can recoup the premiums they paid only when an employee fails to return to work or works less than 30 days after returning from leave.  In addition, the employee’s failure to return to work must not be due to a serious health condition or other circumstance beyond the employee’s control.

To learn more about your rights during and after pregnancy, visit or call Attorney Sarah B. Schlehr directly at (310) 492-5757

For additional tips and help telling your boss you’re pregnant, or if you need guidance regarding your rights at work, visit or call Attorney Sarah B. Schlehr directly at (310) 492-5757.

This Belly Scoop has been sponsored by Ms. Pregnancy Lawyer, Sarah B. Schlehr!


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Sarah Schlehr, your pregnancy lawyer






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