A woman does not need to be completely incapacitated or confined to a bed to qualify as "disabled". The medical opinion of the woman's physician will determine whether she is disabled. The leave can be taken before or after birth, or at any period of time the woman is physically unable to work because of the pregnancy or pregnancy-related condition. Employers cannot force a woman to use her accumulated sick leave and/or vacation during the four-month disability leave period. This is the employee's option. Employer's cannot force a pregnant employee to stop work during her pregnancy.
Following the pregnancy leave the employee is entitled to reinstatement into her old job. A woman is entitled to return to the same position even if during her absence the employer has identified performance deficiencies which existed prior to her leave.
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