California family leave which covers pregnancy, is in Government Code Section 12945.2. After 12 months of service, it allows as much as 12 weeks of maternity leave. Under subsection (o), it states: “Leave provided for pursuant to this section may be taken in one or more periods.”
California pregnancy disability leave which also covers pregnancy, is in Government Code Section 12945. It also allows up to 12 weeks of maternity leave due to disability. It can be taken intermittently (“Pregnancy disability leave does not need to be taken in one continuous period of time”; Cal. Code Regs., tit. 2 Section 11042(a)).
These types of leave can be taken consecutively–for example, up to six months. But the total amount of leave must be completed within one year of the child’s birth (Cal. Code Regs. Section 11090(d)).
There can conceivably be more if you have to accommodate the employee’s pregnancy related disability under Government Code Section 12940(m)[maximum seven months].
These types of leave are unpaid, which means the employee may not want to be out that long.
But is there any limit to this? Could the employee take it excessively, for example a dozen times? There is no definite answer.
However, courts do look at the undue influence on an employer. Taking time off means other employees have to fill-in or you have to hire a substitute. And because the employee has the right to reinstatement to her same position, it might be hard to get a substitute who is willing to work temporarily. This could directly affect productivity.
Suggestion: limit the intermittent leave to three times and document the file as to the reason why.
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