California excels in its robust employee protection laws, including those that safeguard women who are adding to their families and who have the right to job protection during pregnancy and maternity leave.
When you are taking time preparing for the birth of your new baby and then spending those crucial early days bonding with your infant, you shouldn’t have to worry about your employer denying your protected right to leave time or attempting to cut your leave short and compel you to return to your job. Still, a surprising number of cases arise in California when employers attempt to do just that. Fortunately, the law is on your side, and you have legal options available to you.
Understanding Legally Protected Maternity Leave In California
While it’s long been known as “maternity leave,” California has two state laws that accommodate a pregnant woman’s necessary leave time while protecting them against employer retaliation and job loss. The following two acts constitute maternity leave in California and protect a woman’s right to safely carry, deliver, and bond with her child without losing her job:
- Pregnancy Disability Leave (PDL): All employers in California with 5 or more employees must provide PDL under the California Civil Rights Department. This law compels employers to allow a pregnant employee with a pregnancy-related disability up to four months of leave time for medically necessary reasons. The woman must provide a written statement from her doctor explaining that the leave is medically necessary, but the provider does not have to disclose the reason. Common reasons for PDL include gestational diabetes, Hyperemesis Gravidarum (HG), anemia, sciatic or pelvic girdle pain, pre-eclampsia, required bed rest to prevent premature birth, and labor and delivery.
- The California Family Rights Act (CFRA): After PDL ends, or without first requiring PDL, a California employee with a new baby has the right to 12 weeks of bonding time (maternity leave) under CFRA. This leave also applies to adoptive parents.
A pregnant employee with temporary, pregnancy-related disability may stack their PDL and CFRA leave, allowing time for healing, recovery, and bonding before returning to work.
Prohibited Employer Actions Under California’s Legally Protected Maternity Leave
If you are an employee and not an independent contractor, and your employer has five or more employees, California’s maternity leave laws apply in your case. Your employer must allow you reasonable accommodations during your pregnancy, such as temporary light duty, a chair or stool rather than standing, and flexible hours to allow you to attend appointments, as long as the accommodations don’t cause undue hardship to the employer. In addition, the law prohibits the following:
- Denying an employee’s requested PDL or CFRA leave for pregnancy disability and child bonding
- Demanding that an employee on maternity leave cut their leave time short and return to work
- Retaliating against the employee for taking maternity leave by demoting them, cutting their wages, reducing their hours, subtracting leave time from the employee’s retirement benefits, harassing the employee, or creating a hostile work environment when the employee returns
Finally, an employer may not fire an employee for taking maternity leave or refusing to cut their leave time short. Doing so constitutes wrongful termination.
How Can a California Employment Lawyer Help My Case?
If your employer has denied your maternity leave or demanded that you come back to the job before your leave time has expired, you have legal rights and may hold your employer financially responsible. Call Sparrow Law Group LLP or reach out to our California employment lawyers today to learn more about how we can help under the unique circumstances of your case.