Key Takeaways

  • California maternity leave is protected under CFRA, FMLA, PDL, and FEHA, offering job protection and wage replacement options.
  • Eligible employees can access up to seven months of leave, combining Pregnancy Disability Leave (PDL) and California Family Rights Act (CFRA) leave.
  • Paid Family Leave (PFL) provides up to eight weeks of partial wage replacement but does not offer job protection on its own.
  • Employers must maintain health benefits for employees on CFRA leave and provide job reinstatement to the same or an equivalent position.
  • Fathers and partners may qualify for Paid Family Leave (PFL) and CFRA leave to bond with a new child.
  • Pregnancy Disability Leave (PDL) allows for up to four months of leave for pregnancy-related health conditions.
  • To qualify, employees must work for a company with at least five employees for PDL or 50 employees for CFRA and FMLA protections.
  • Employees must notify their employer, submit medical certification if required, and coordinate leave with HR to maintain benefits and job protection.

Anyone expecting a child and living in California must be aware of their legal right to maternity leave. 

The state offers some of the most impressive and extensive protections to families in the country, but that doesn’t mean you won’t face discrimination. You must know the laws to protect yourself and your family.

This article will explore the ins and outs of California maternity leave, covering topics like PDL, PFL, and employer obligations.  

What Is Maternity Leave In California?

Maternity leave in California is designed to ensure employees who are expectant parents are protected. The availability and process of obtaining leave is often the first thought of many employees after finding out they’re expecting. 

Fortunately, maternity leave is considered a legal right in the state, and employees are protected by four different laws: CFRA, FEHA, FMLA, and PDL.

While you have the right to take time off, your employer isn’t legally required to continue pay during this period. 

However, many employees can find financial support during maternity leave through other means like disability insurance. 

California’s disability law covers many of the issues and symptoms of pregnancy, birth, and post-delivery because of the magnitude of the situation. 

How Long Is Maternity Leave In California?

Both state and federal policies influence maternity leave in California, with key differences between CFRA (California Family Rights Act) and FMLA (Family and Medical Leave Act). 

While both provide up to 12 weeks of unpaid leave, CFRA allows for additional protections for pregnancy-related conditions through Pregnancy Disability Leave (PDL). Unlike FMLA, CFRA’s eligibility is broader, allowing more employees to qualify for job-protected leave.

The total length of leave depends on several factors, including the employee’s job status, employer size, and eligibility under CFRA, FMLA, and PDL. 

Maternity Leave Entitlement In California

The California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) protect employees’ rights to maternity leave. Still, employees and their employers must meet specific requirements to qualify. 

The main requirements include:

  • Company Size: The business must have a minimum of 50 individuals working for them. The employee count can include all individuals within 75 miles if the company owns multiple locations.
  • Duration: Employees seeking maternity leave in California must also have worked for the company for at least 12 consecutive months.
  • Worked Hours: Within the past year, the employee must have completed at least 1,250 work hours for their employer. This averages around 24 hours per week, meaning some part-time employees may qualify for maternity leave.

If you meet the above requirements, you are allowed 12 weeks of maternity leave in California for bonding time between the parent and child. 

Understanding Pregnancy Disability Leave 

Along with maternity leave, Californian employees have the right to request additional time off work during their pregnancy due to symptoms that qualify as a disability, accompanied by a rather broad definition. 

If a company employs more than five individuals, they must follow the laws put forth by California’s Fair Employment & Housing Act (FEHA).

One of the legal stipulations included under FEHA is called the Pregnancy Disability Law (PDL). 

It requires that female employees are given time off if they are disabled by pregnancy or childbirth or if the individual suffers from any illness or a medical condition related to either. 

According to the law, these issues may include:

  • Bed Rest
  • Childbirth
  • Gestational Diabetes
  • Loss of Child
  • Preeclampsia
  • Prenatal Care
  • Postnatal Care
  • Post-Partum Depression

Suffering from any of these issues, as well as other specific problems, qualifies employees for up to 16 weeks of pregnancy disability under FEHA and is considered separate from CFRA maternity leave.

If you qualify for pregnancy disability and maternity leave, you may take the additional three months provided by CFRA after the four months provided by FEHA. 

If the full amount of disability leave is approved, employees could potentially take around seven months of leave from work.

How To Apply For Maternity Leave In California

Below is an overview of the steps to follow when applying for maternity leave in California. In the following sections, you’ll find more details and information. 

  1. Check Your Eligibility
    To qualify for pregnancy leave, you may be protected under the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL).
  2. Notify Your Employer
    Inform your employer of your maternity leave plans as early as possible. Provide written notice about:
    • Your expected leave start date
    • The anticipated duration of your leave
    • Whether you’ll need intermittent leave for prenatal appointments
  3. Employers may request a medical certification from your healthcare provider to verify your need for leave.
  4. Apply for Disability Benefits (if applicable)
    While on Pregnancy Disability Leave (PDL), you may be eligible for State Disability Insurance (SDI), which provides partial wage replacement.
    • Apply online through California’s Employment Development Department (EDD) website.
    • Submit the necessary medical certification from your healthcare provider.
  5. Apply for Paid Family Leave (PFL)
    After your disability leave ends, you can transition to Paid Family Leave (PFL) to bond with your baby.
    • Apply online through the EDD website.
    • PFL provides up to eight weeks of wage replacement.
  6. Coordinate Leave with Your Employer
    Work with your employer’s HR department to record your leave properly. You may be able to use accrued sick leave, vacation, or PTO to supplement your wages.
  7. Return to Work
    When your leave period ends, notify your employer of your return date. The CFRA protects your right to return to your previous position or an equivalent role.

How to Claim PFL

In 2004, California enhanced its State Disability Insurance (SDI) to include Paid Family Leave (PFL). This law extends the protections of expecting employees and helps reduce the financial burden of maternity leave.

Employers aren’t responsible for PFL. 

The entire process goes through the state, from approval to distribution of funds. You can begin the application process by contacting the Employment Development Department online or calling (877) 238-4373.

How to Qualify for Disability Leave

The State of California requires that you meet specific requirements to obtain financial disability payments. 

These criteria include:

  • Resident of California
  • Eight days of income (back-to-back) that provided SDI contributions
  • The current medical situation prevents the completion of work tasks
  • Receive care from a physician for the initial eight disability days

It’s also important to point out that employees aren’t allowed to receive both disability and PFL during the same period. However, you can utilize disability through the eligibility timeframe and then switch to PFL benefits.

How to Claim Disability Leave

As with PFL, all pregnancy-related disability claims are processed through the Employment Development Department. The initial application can be completed on their website or phone at (800) 480-3287.

Disability leave, like PFL, is calculated based on the highest quarterly income over the last year. However, disability benefits are not capped at six weeks and are available for up to 12 months.

The California Family Rights Act

The state initiated the California Family Rights Act (CFRA) to allow parents to request more time to bond with their children as well as extend their pregnancy-related disability leave. 

By meeting the required criteria, employees can request three months of leave and 16 additional weeks of disability leave.

How to Request CFRA Leave

The sooner you speak to your employer, the better it is for the process. Make your request in an official manner, preferably printed. 

Also, speak with a human resources team member for details regarding any necessary company paperwork and documentation.

The Federal Family and Medical Leave Act

Along with state protections, expecting employees are also covered under a federal law called the Family and Medical Leave Act (FMLA). 

Implemented in 1993, the legislation provides women 12 weeks of time off without losing their health insurance benefits, although it’s not accompanied by pay. 

It also stipulates that employers must allow employees to return to either the same position or a similar spot that maintains the same wage, rank, and company benefits.

The main difference between FMLA and CFRA is the additional pregnancy-related disability leave provided in the California version. When compared side-by-side, employees typically benefit more from state protections than from the federal. 

More information regarding FMLA can be found at the Department of Labor online portal

Maternity Leave Laws And Employer Obligations

California has some of the strongest maternity leave protections in the U.S., offering a combination of job-protected leave and wage replacement benefits. Both employees and employers have specific rights and responsibilities under state and federal laws.

Responsibilities of Employers During Maternity Leave

Employers in California have a set of legal obligations to ensure employees are granted maternity leave and are supported during their time away from work.

Below is a summary of some employer responsibilities for maternity leave in California. Be sure to speak with an employment lawyer for legal help specific to your situation. 

Job Protection and Reinstatement

Employers must allow eligible employees to return to the same or an equivalent position after maternity leave under CFRA and FMLA.

Employers cannot retaliate against employees for requesting or taking maternity leave.

Notification and Documentation

Employers must provide employee information leave rights, especially for CFRA, PDL, and FMLA.

Employees may need to provide a medical certification from their healthcare provider when requested. Employers cannot ask for personal medical details, only confirmation that the leave is medically necessary.

Reasonable Accommodations

Under FEHA, employers must offer "reasonable accommodations" for pregnant employees. This could include modified duties, a different work schedule, or temporary reassignment to a less physically demanding role.

Continuation of Health Benefits

During leave under CFRA, employers must continue an employee’s health insurance benefits as if they were still actively working.

Employees must continue to pay their share of health insurance premiums.

Wage Replacement and Paid Leave

While employers aren’t required to offer paid maternity leave, they must inform employees about California’s Paid Family Leave (PFL) and State Disability Insurance (SDI), which provide partial wage replacement.

Anti-Discrimination Rules

Employers cannot discriminate, harass, or retaliate against employees for being pregnant, taking maternity leave, or requesting accommodations.

If an employee requests leave or accommodation under PDL or FEHA, the employer must provide a good-faith effort to accommodate those requests.

Speak with a California Employment Lawyer

If you need more information regarding maternity leave in California, post your legal questions on UpCounsel’s marketplace. 

UpCounsel accepts only the top 5% of California employment lawyers on its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. 

FAQs

What Is The Difference Between PDL and PFL?

PDL (Pregnancy Disability Leave) allows time off for employees unable to work due to pregnancy-related medical conditions. 

It typically covers the period before and after childbirth as needed. PFL (Paid Family Leave) provides wage replacement benefits for employees who need time off to bond with a new child or care for a seriously ill family member. 

Unlike PDL, PFL does not offer job protection, though it often runs concurrently with job-protected leave under FMLA or CFRA.

How Much Time Off Can I Take In Total?

The total time off depends on eligibility and the type of leave. PDL provides up to four months of leave per pregnancy, while PFL typically offers up to eight weeks of paid leave within 12 months. 

If applicable, FMLA or CFRA may offer an additional 12 weeks of job-protected leave, which can overlap with PDL or PFL.

Can My Job Be Protected During Maternity Leave?

Yes, but it depends on the leave type. PDL and FMLA/CFRA offer job protection, meaning your employer must hold your position or offer an equivalent one upon your return. 

However, PFL alone does not provide job protection unless it runs concurrently with FMLA or CFRA.

Do Fathers Or Partners Qualify For Leave Too?

Yes, fathers and partners may qualify for PFL to bond with a new child, regardless of whether the child is born, adopted, or fostered. If eligible for FMLA paternity leave or CFRA, fathers and partners can also take up to 12 weeks of job-protected leave.