What is California Maternity Leave?

Nov 05, 2024 / Wage & Hour

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203

Maternity leave in California provides job protection and partial income for expectant mothers, or those who recently gave birth, allowing them time off work to recover and bond with their newborns. California has some of the most progressive maternity leave laws in the United States, which include a combination of federal and state protections.

California’s maternity leave is regulated under several laws, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the state’s Pregnancy Disability Leave (PDL). These laws ensure that eligible employees can take time off for childbirth and parental bonding while protecting their job and providing financial support.

Federal and State Laws Governing Maternity Leave in California

Pregnancy Disability Leave (PDL):
- Under PDL, an employee can take up to four months (88 workdays) of unpaid, job-protected leave for pregnancy-related disabilities. This could include morning sickness, prenatal care, childbirth, recovery, or another physical or mental disability.
- You can qualify for a paid family leave program as long as you work for an employer with at least five or more employees, and there’s no length of service requirement. This means you can take PDL even if you’ve just started the job.
- The new child leave is generally unpaid, but you can use accrued sick leave or apply for state disability insurance (SDI) for partial income replacement.
California Family Rights Act (CFRA):
- After PDL, new parents can take up to 12 weeks of job-protected leave under CFRA to bond with their new child. CFRA covers both mothers and fathers and applies to employers with 5 or more employees.
- To qualify for CFRA, employees must have worked for their employer for at least 1,250 hours in the previous 12 months.
- CFRA leave is unpaid, but employees can use vacation or paid time off (PTO), and mothers can also apply for Paid Family Leave (PFL) benefits to receive partial income replacement.
Family and Medical Leave Act (FMLA):
- The federal FMLA can overlap with CFRA and provides up to 12 weeks of unpaid, job-protected leave for eligible employees, which can be used for pregnancy, childbirth, or bonding with a newborn. FMLA applies to employers with 50 or more employees within 75 miles of the worksite.
- FMLA does not provide pay, but it ensures job protection and the continuation of health benefits during the leave.

Paid Family Leave (PFL)

While the PDL, CFRA, and FMLA provide job protection, California Paid Family Leave (PFL) helps replace lost income during maternity leave. PFL offers up to eight weeks of partial wage replacement for eligible employees. It applies to new mothers who need time off to bond with their newborns after recovering from childbirth.

PFL does not guarantee job protection, but it works alongside CFRA or FMLA to ensure financial support while you are on maternity leave. PFL is funded through state disability insurance (SDI) and can cover around 60-70% of your weekly wages, depending on your earnings.

Combining PDL, CFRA, and PFL for Extended Maternity Leave

One of the unique aspects of California’s maternity leave laws is the ability to combine the different forms of leave to maximize time off. Here’s how it typically works:

Pregnancy Disability Leave (PDL): You can take up to 4 months (approximately 17 weeks) of PDL for pregnancy-related disability, beginning before or after childbirth, depending on your medical needs. During this time, you may be eligible for State Disability Insurance (SDI) to replace part of your income.
California Family Rights Act (CFRA): After recovering from childbirth, you can take up to 12 weeks of CFRA leave to bond with your baby. During this time, you can apply for Paid Family Leave (PFL) for wage replacement. CFRA leave is unpaid but provides job protection.
Total Maternity Leave: When combining PDL and CFRA, you could potentially take up to 7 months off work, depending on your medical needs and your employer’s policies.

Legal Protections and Employer Responsibilities

During maternity leave, California employers must follow specific guidelines:

Job Protection: Usually, both PDL and CFRA provide job protection. This means your employer cannot terminate you for taking leave, and they must reinstate you to the same or a comparable position upon your return.
Health Insurance Continuation: Under both FMLA and CFRA, your employer is typically required to continue your health insurance benefits during the leave period under the same terms as if you were working.
Reasonable Accommodation: If you have pregnancy-related complications or require certain accommodations, such as modified duties or more frequent breaks, California law mandates that employers provide these accommodations unless it causes undue hardship.

California Maternity Leave – FAQ

can you get temporary unemployment for maternity leave? If you choose not to work because you are pregnant, you generally cannot receive unemployment compensation. However, if your company fires you because of your pregnancy (and you are “able and available” for work), you can receive unemployment compensation. You may also be able to receive additional compensation.

how long does an employer have to hold your job for maternity leave? According to California maternity leave law, the California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.

can i get maternity leave if i just started a job? It may depend, but usually new employees are eligible to take maternity leave.

do you have to pay back maternity leave if you quit? If you continue to receive certain insurance or employer paid health benefits during your leave period, you may have to reimburse your employer for those costs if you quit when your leave expires.

can i start maternity leave before due date? Usually, pregnant motherscan receive Disability Insurance (DI) before their due date, and after, to recover from childbirth.

can an employer deny baby bonding time in california? California family and medical leave laws provide eligible employees with up to 12 weeks of time off per year for: bonding with a newborn, adopted child, foster care placement, or possibly other childcare duties for adoptive or foster parents.

can employer deny paid family leave california? Typically, if you provide 30 days of notice to your boss, your employer cannot deny you family leave under the CFRA/FMLA. If you request leave less than 30 days before birth due to an emergency, you are still entitled to it.

can you get fmla for pregnancy? Generally, yes.

when do most women start maternity leave? It can depend on the mother. Some women take leave a week to a month before the expected birth, while others wait until the last moment so they can maximize their time with their baby.

can i take maternity leave early? If a pregnancy-related condition will require someone to stop working earlier than four weeks prior to their baby’s due date, they can usually file a claim sooner.

can you get maternity leave at a new job? Generally, yes.

do part-time employees get maternity leave in california? Part-time workers are generally entitled to maternity leave.

how much does paid family leave pay in california? Usually, workers receive about 60 to 70 percent of their paycheck. An employer may allow an employee to use vacation, sick, paid time off, or other leave along with your PFL benefits to receive up to 100 percent pay.

how long does an employer have to hold your job for medical leave in california? The same as maternity leave, the California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.

can my employer replace me while on maternity leave? It istechnically legal for a company to lay off someone on maternity leave, but it depends on why they were laid off. If they were laid off for an improper reason. if the employer fires the employee because they took FMLA leave, that can be illegal.

how long is fmla for pregnancy? A mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child.

can you be denied maternity leave? If a worker meets the requirements to take pregnancy leave in California, their employer cannot deny them maternity leave, or family leave for fathers.