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What Is A Pregnancy Related Medical Condition
A "related medical condition" is a "medically recognized physical or mental condition that is related to pregnancy and childbirth. 2 Cal. C. Regs. §7291.2(p).
Federal cases have recognized that in adopting anti-discrimination laws as they relate to pregnancy, Congress clearly intended to extend protection beyond the simple act of being pregnant to include related medical conditions, such as nausea or potential miscarriage. See Carney v. Martin Luther Home, Inc. (1987) 824 F2d 643 [holding that a "related medical condition" included plaintiff's inability to lift or push without assistance, "a condition directly arising from her pregnancy."]
In a recent federal decision, Infante v. Ambac Financial Group, 2006 WL 44172 (S.D.N.Y. 2006), the court held that hyperthyroidism - a condition that the plaintiff long had, but was aggravated by her pregnancy was a "related medical condition." The employer in that case argued that because the employee was treated for the condition with her regular physician as opposed to her obstetrician, the condition was thus not "related to" her pregnancy. Although the court did not adopt that view as a matter of law, it noted "perhaps what doctor treated a given condition could be offered as evidence of whether or not such a condition was 'related' to pregnancy.
 What Is Not A Pregnancy Related Medical Condition
A hysterectomy is not a pregnancy related medical condition. Williams v. McFrugal's Bargains-Close-Outs, Inc. (1998) 67 Cal. App. 4th, 479. The California Court of Appeals, Second District, held that a "related medical condition" must be connected to pregnancy or childbirth, i.e, "the condition must flow directly therefrom." Id. at 483. Accordingly, the Court held that the phrase "related medical condition" cannot reasonably be construed to cover "indirect" related medical conditions, such as a diagnostic hysterectomy performed years after childbirth. Id. at 482.
An Employer May Not Require The Employee To Take Leave When It's Convenient to the Employer
It is unlawful for an employer to require an employee to take a pregnancy disability leave at a predetermined time and for a predetermined period without regard to the period of the employee's disability. Cleveland Bd. Of Ed. V. LaFleur (1974) 414 US 632. 638.
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