Adding a new child to your family is a wonderful, life-altering experience. As a California employee, you have the right to the full benefit of both state and federal employee protection laws, including those for maternity leave, so you can care for and bond with your baby during the crucial early days after giving birth.
As a California employee with plans to add to your family, it’s important to know what to expect. How long is maternity leave in California?
California’s Maternity Leave Laws
Under California’s Civil Rights Department, the following two types of leave are available to California employees during pregnancy and after giving birth:
- Pregnancy Disability Leave (PDL), this applies to women with pregnancy-related disability, such as pre-eclampsia, hyperemesis gravidarum (HG), doctor-ordered bed rest, anemia, or severe edema. PDL allows up to four months of leave, either taken in a block during pregnancy or intermittently as needed for pregnancy-related disability.
- California Family Rights Act (CFRA), this is California’s maternity leave law, allowing an employee up to 12 weeks of bonding time to care for their child. It applies to both biological mothers who have given birth and adoptive parents. To qualify, an employee must have worked at least 1,250 days in the year prior to their leave.
The above maternity leave acts in California apply as long as the pregnant or postpartum employee is an employee and not an independent contractor, and their employer has at least five employees.
A California employee with a maternity-related disability may stack their PDL leave and CFRA leave for over 200 days of maternity leave.
What Is Paid Family Leave In California?
Some California employees apply for Paid Family Leave (PFL) in California while taking their maternity leave under CFRA. PFL is also available to fathers of new biological or adopted children. Paid Family Leave is available to employees who have State Disability Insurance (SDI) deductions from their paychecks and have earned at least $300 within 18 months of applying for PFL. PFL provides a portion of the employee’s wages for eight weeks during their maternity leave.
Job and Benefits Protection During Maternity Leave In California
When a new parent exercises their right to Pregnancy Disability Leave, maternity leave under the California Family Rights Act, and Paid Family Leave in California, they have the right to the full amount of time allowed under the law. These maternity leave laws prohibit employers from refusing the employee’s legal right to maternity leave or ceasing the employee’s health insurance benefits while the employee is on maternity leave. The law also prohibits an employer from retaliating against an employee who takes maternity leave by demoting them, reducing their hours or wages, or wrongfully terminating their employment.
How Can a California Employment Lawyer Help Me?
If you have questions about the maternity leave available to you in California, or how to hold an employer accountable for violating your right to the full amount of maternity leave time available to you, a California employment lawyer can help. Call Sparrow Law Group for representation if your employer has retaliated against you for taking your legally protected maternity leave or wrongfully terminated your employment.