Maternity Leave Laws in California

Knowing Your Rights: Maternity Leave Laws in California

Maternity leave is the period of time a woman takes off from her job in order to give birth to her child, adopt a child, or foster her child. Here is what you need to know about maternity leave laws in California.

California has numerous maternity leave laws surrounding pregnancy-related leaves both prior to and following childbirth. In terms of maternity leave, California laws provide0 12 weeks of unpaid family leave to eligible new parents. However, companies are only required to comply with these maternity leave laws if they employ more than 5 employees. An employee can consider other types of leaves as well when looking to spend more time with their new child(ren).

In most cases, employers are legally obligated to allow expecting mothers up to twelve weeks of maternity leave. Certain individuals can receive more than twelve weeks of maternity leave depending on the situation surrounding their pregnancy and birth of their child. Employers are not obligated to provide paid leave, they are only obligated to keep the individual’s job open for them to return to; however, there are ways an individual can continue to receive an income while on maternity leave.

California New Parent Leave Act

In 2019, the California New Parent Leave Act was signed into law – allowing some employees to take up to 12 weeks to take care of 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 (CNPL), 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

CNPL is a job-protected leave, meaning that employers must reinstate returning employees to the same positions they held prior to the leave. Employers are not required to pay employees who are on a leave under the California New Parent Leave Act. Despite this, there are some ways for employees to continue receiving money during their leave, including utilizing accrued paid time off and state disability insurance.

Who is Not Guaranteed Maternity Leave?

The California Family Rights Act defines the legal rights an employee has for maternity leave, as well as those who are ineligible for maternity leave and will not be protected by the law. According to the CFRA, the following individuals are able to be fired or demoted:

Mothers who work for an employer with less than 5 employees
- If an expecting mother is working for an employer who employs less than 5 people, their job is not safe if they take maternity leave. The employer is not obligated to keep their position safe and can legally fire or choose to lower the employee’s position. If an expecting mother finds herself employed by such an employer, they can attempt to ask and reason with an employer but is not legally protected if the employer fires or demotes her.
Mothers who have worked for their employer for 12 months or less
- An expecting mother who has not been employed for longer than 12 months can be fired or demoted by her employer.
Mothers who have worked less than 1,250 hours in the previous 12 months
- An expecting mother who has been employed longer than 12 months, but who has worked less than 1,250 may be fired or demoted during maternity leave
- An expecting mother who has been employed 12 months or less and has worked less than 1,250 hours may be fired or demoted during maternity leave
Mothers who are employed at certain religious nonprofits
- Certain religious nonprofits are exempt from providing pregnancy disability leave.

Family Leave

In conjunction with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) provides eligible employees with 12 weeks of job-protected leave. Prior to its most recent expansion in coverage, the California Family Rights Act was commonly associated with bonding leaves taken after childbirth.

Family leave is the most common form of maternity leave. This leave occurs after a mother has birthed, adopted, or fostered her child and is meant to provide the mother with time to bond with her new child. The California Family Rights Act (CFRA) states that individuals in California may take up to 12 weeks of unpaid family leave a year under the following criteria:

The individual works for an employer who has 5 or more employees
The individual has worked for their employer for more than 12 months before the date that they take family leave
The individual has worked for the employer for 1,250 hours or more in the previous 12 months
The individual has welcomed a new child into their family via birth, adoption, or foster care
- It is important to note that the first three criteria must be met before family leave can be respected for the circumstance of welcoming a child.
- An individual is entitled to take this 12-week family leave, even if they have taken pregnancy disability leave (PDL). The 12 weeks of family leave are not included in the weeks granted by PDL but considered an additional 12 weeks.
  - This would allow an individual to get up to 7 months off for their pregnancy.

Under the newly expanded CFRA, possible reasons for leave include care of a child, spouse, domestic partner, parents, grandparents, grandchildren, and siblings.

Pregnancy Disability Leave (PDL)

The Pregnancy Disability Leave (PDL) law requires that California employers provide pregnant employees up to four months of unpaid disability leave. It is illegal for an employer to fire any pregnant employee for taking a PDL. The leave may be taken intermittently, allowing employees to attend medical appointments when necessary. There is no duration of service requirement for a pregnant employee to be entitled to a pregnancy disability leave. However, only employers who handle 5 or more employees are required to allow such leave.

Pregnancy Disability Leave (PDL) is given to mothers who are unable to work because of their pregnancy. Most mothers will qualify for PDL by week 36 of their pregnancy. A mother is legally entitled to up to 4 months of unpaid leave under California law if:

Their employer employs five or more individuals
The mother is physically or mentally disabled as a result of the pregnancy, birth, or related medical condition

Unlike family leave, fewer conditions are required in order to be legally entitled to PDL. Full and part-time workers are eligible for pregnancy leave, as are workers who have been hired recently and worked for less than twelve months or less than 1,250 hours.

A mother is considered disabled if their doctor states she cannot perform an essential job function. Common ways of qualifying for PDL include but are not limited to:

Severe morning sickness
Preeclampsia
Gestational diabetes
Postpartum depression
Miscarriage
Prenatal and postnatal care

Paid Maternity Leave

Under the California New Parent Leave Act, leaves are unpaid. However, there are some options one can consider to receive pay during their maternity leave. As a pregnant mother, an employee may be able to receive up to four weeks of Pregnancy Disability Insurance (DI) benefits for a normal pregnancy. If she intends to do a normal delivery, she may receive up to six weeks of DI benefits following childbirth. If she is doing a Cesarean section, she may receive up to 8 weeks of the same benefits. If the mother is eligible for disability insurance, then she may be eligible for California Paid Family Leave following the termination of Disability Insurance benefits. New parents should refer to their SDI account to learn more.

How to Get Money During Maternity Leave

Since an individual’s job must only remain open, not paid, when they take maternity leave, taking unpaid leave can be financially stressful for certain mothers. The following are some ways in which a mother can receive financial help while taking maternity leave:

Federal Employee Leave Paid Act that took effect in October 2020, allows for federal employees to receive 12 weeks of paid leave after the birth, adoption, or fostering of their child.
The Paid Family Leave Act that took effect in July 2020, allows eligible employees to receive 8 weeks of paid family leave benefits of up to $1,300 per week.
If a mother is working for an employer who pays employees disability leave, then the employer is required to pay a mother on PDL.
The California State Disability Insurance Program (SDI) can provide an eligible mother with short-term wage replacement benefits.
A mother may use her vacation and sick days to receive some money during her pregnancy.

- Some employers might require that a mother use her accrued time off when taking maternity leave.

FAQS

Can I sue for pregnancy discrimination in California?

If a mother was discriminated against or unjustly fired for taking maternity leave she can submit a complaint to California’s Department of Fair Employment and Housing (DFEH).

How do I request maternity leave in California?

Requesting maternity leave varies based on company policies. For the most part, employees must give their employer a reasonable notice that is typically 30 days.

What do I need to do to get pregnancy disability leave in California?

You must get a note from your doctor stating that you are unable to perform your job functions, and then submit the note to your employer.

What should I do if I’m not eligible for paid maternity leave?

If you are ineligible for paid maternity leave, consider seeking assistance from government programs such as WIC, SNAP, and/or some state disability programs. Such assistance may be able to help with important costs (such as rent, food, clothing, etc.) during unpaid maternity leave.

Can my employer force me to take mandatory maternity leave?

No. Your employer cannot force you into taking mandatory maternity leave. As an employee, you must receive the same leave benefits as any other employee who has a medical condition.

Contact Us

Get to know more about maternity leave laws in California. If you or a loved one is seeking or has been denied maternity leave in California, get your free consultation with one of our California Employment Discrimination Attorneys for Women! We won’t charge you a dime unless you win your case.