Maternity leave is a special time, taken to care for a new baby and establish lifelong, unbreakable bonds. During maternity leave in California, new parents have the right to enjoy their special bonding time without fear of adverse financial consequences, such as an employer terminating their health insurance coverage. Fortunately, California’s robust employee protection laws prohibit qualified employers from terminating health insurance coverage when an employee uses one of the state’s pregnancy and maternity leave laws for time away from work.
Understanding Health Insurance Coverage and Pregnancy Disability Leave In California
California’s array of employee protections under the Fair Employment and Housing Act (FEHA) includes Pregnancy Disability Leave (PDL). PDL allows a pregnant employee with pregnancy-related temporary disability to take up to four months of unpaid, job-protected leave time. Common pregnancy disabilities arise from conditions such as hyperemesis gravidarum (HG), pre-eclampsia, edema, anemia, or severe back or pelvic pain. An employee may also take PDL during the postpartum period.
As long as the employer has five or more employees, they must allow the leave time when the pregnant woman obtains a medical certificate from her doctor stating that the leave is necessary. The doctor does not have to disclose the reason for the leave.
PDL is job-protected leave, requiring the employer to maintain the employee’s health insurance benefits throughout the leave. The employee remains responsible for their portion of the premiums during their leave. PDL also prohibits an employer from deducting the leave time from an employee’s seniority or retirement benefits.
Health Insurance Under the California Family Rights Act (Maternity Leave)
The California Family Rights Act (CFRA) is the state’s unpaid maternity leave law, providing employees who have worked for their employer for at least 12 months with job-protected family bonding time after giving birth, adopting, or fostering a child. All employers in California with five or more employees must allow qualified workers to use CFRA (maternity leave).
CFRA allows up to 12 weeks of leave. Some parents stack this maternity leave with PDL leave if the pregnancy caused a temporary disability or for the childbirth recovery period, extending their total leave time. CFRA prohibits employers from terminating the employee’s benefits during both PDL and CFRA, including their health insurance.
What If I Choose Not to Return to My Job After Maternity Leave?
While an employer with five or more employees must maintain an employee’s health insurance and other benefits during the employee’s maternity leave, the employee remains responsible for paying their portion of the premiums, which are usually deducted from their paychecks. It’s important to note that an employer in California has the right to require the employee to repay the employer’s share of the health insurance premium if the employee does not return to work after their maternity leave expires.
How Can a California Employment Lawyer Help Me?
Despite California’s strong employee protection laws, including maternity leave under PDL and CFRA, some employers disregard their legal obligation to continue providing an employee’s benefits. Some employers take retaliatory measures or engage in wrongful termination after an employee exercises their right to job-protected maternity leave.
Call or contact Sparrow Law Group to speak to an experienced California employment lawyer about your legal rights, including the right to a continuation of your health insurance during maternity leave.