How Long is Maternity Leave in California?

Length of Maternity Leave for California Employees

Taking maternity leave is often on the minds of new mothers in the workplace. Here’s what you need to know about how long maternity leave lasts in California.

Currently, California maternity leave laws provide 12 weeks of unpaid family leave to new parents. Companies are only required to comply with these laws if they employ more than 5 employees.

California New Parent Leave Act

The California New Parent Leave Act allows eligible employees to take up to 12 weeks of leave to care for their new child (regardless of being biological, adopter, or foster). The California New Parent Leave Act applies to employers who have at least 20 employees within a 75-mile radius of the site of employment.

In meeting eligibility requirements for job-protected leave under the California New Parent Leave, employees must:

Have worked for the employer for at least a year, and
Have worked at least 1,250 hours in the last 12 months prior to the leave

Other Maternity Leave Laws in California

Depending on the new mother’s eligibility, she can consider other pregnancy/childbirth-related leaves.

The California Family Rights Act (CFRA) provides eligible employees with 12 weeks of job-protected leave. Effective January 1, 2021, the following requirements must be met in order to qualify for a CFRA leave:

The employee has worked for the employer for at least 12 months
The employee has worked at least 1,250 hours for the employer in the last 12 months
The employer has 5 or more employees

Another option is the California Paid Family Leave (PFL). Unlike previously mentioned leaves, the PFL is the only paid leave available. If new mothers receive pregnancy-related Disability Insurance (DI) benefits, they may be eligible to receive up to eight weeks of Paid Family Leave when their DI claims end. A Paid Family Leave provides new mothers and parents with up to 8 weeks of benefit payments, within the 12 months of the child’s birth.

FAQs About How Long Maternity Leave is in California

How can I get a paid family leave in California?

As a pregnant mother, you may be able to receive up to four weeks of Pregnancy Disability Insurance benefits for a normal pregnancy. If you intend to do a normal delivery, you may receive up to six weeks of DI benefits following childbirth. If you are doing a Cesarean section, you may receive up to 8 weeks of the same benefits.

Can an employer require a doctor’s note prior to authorizing a maternity leave?

An employer is prohibited from singling out pregnancy-related conditions in determining an employee’s ability to work. However, if employees with limitations unrelated to pregnancy are required to submit a doctor’s note when requesting leave, pregnant employees may be required to submit similar documentation.

Can an employer refuse to reinstate an employee after maternity or other pregnancy-related leave?

No, it is illegal for an employer to fire an employee for being pregnant or for taking maternity and/or pregnancy-related leave. Once the leave concludes, the employer is required to reinstate the employee to the same position. However, employees may not be protected from job termination for reasons beyond the pregnancy, such as mass layoffs.

Contact Her Lawyer

If you or a loved one would like to know more about how long maternity leave lasts in California, get your free consultation with one of our California Employment Attorneys for women today!