What leave laws apply to a gestational surrogate?

A gestational surrogate is someone who carries a pregnancy and gives birth to a child for another person or couple, also known as the “intended parents.” Regardless of the reason for the pregnancy, your employee may have rights to leave under both federal and California law, as well as other protections.

If you have five or more employees, your pregnant employee would be covered by California’s pregnancy disability leave (PDL) law. PDL allows an employee to take up to four months, or 17 1/3 weeks, of protected leave when the employee is disabled by pregnancy. The employee’s health care provider determines how long the employee is disabled and needs leave,