How Long Is Maternity Leave in CA?

How long is maternity leave in California?

If you or a loved one is pregnant and currently employed, you may wonder how long maternity leave is in California. California Family Rights Act (CFRA) and California Pregnancy Disability Leave law provide employees with the option to take up to 28 weeks of leave for pregnancy, childbirth, and bonding with their newborn.

While it is improbable that someone would utilize the full duration of available leave, it can offer reassurance knowing that it is accessible during this significant period.

What laws protect pregnancy in California?

California’s Pregnancy Disability Leave (PDL) law ensures that employees receive job-protected, unpaid maternity leave if they are deemed medically disabled due to pregnancy, childbirth, or a related medical condition by a physician. Once this determination is made, a pregnant employee in California is entitled to take as long as four months (16 weeks) of disability/maternity leave, spanning both before and after childbirth.

Apart from the physician’s assessment of pregnancy-related disability, there are no additional eligibility criteria that employees need to meet in order to qualify for PDL.

While PDL itself is not a paid leave, employees have the option to use accrued vacation or paid time off (PTO) to maintain their regular income during their absence. Employers also have the authority to mandate the use of this accrued time.

Pregnant employees may also seek short-term disability benefits through the California State Disability Insurance program. A medical professional must verify their inability to work due to pregnancy or a related condition, and benefits are provided only for the duration during which the employee is considered incapable of working.

California Family Rights Act Leave

The California Family Rights Act (CFRA) grants employees the opportunity to take as long as 12 weeks of unpaid, job-protected maternity leave for the purpose of bonding with a new child, whether through birth or adoption. This type of California maternity leave does not cover pregnancy-related disabilities and is distinct from other forms of leave. Both parents are eligible to take CFRA baby bonding leave, even if they are employed by the same company.

To qualify for CFRA baby bonding leave, employees must meet the following criteria:

1. Be a full-time or part-time employee working in California.
2. Work for an employer with a minimum of five employees.
3. Have been employed by their current employer for at least 12 months.
4. Have worked a minimum of 1,250 hours within the past 12 months.

CFRA leave can be utilized either at the conclusion of an employee’s pregnancy-related disability leave or after the completion of four months of pregnancy disability, depending on which event occurs first. Most individuals in California tend to time this maternity leave so that it commences after childbirth, but it can be taken at any point during the child’s initial year of life, and can even be taken intermittently.

Job Security and Maternity Leave

Employees who exercise any form of pregnancy disability or maternity leave as permitted by California law are shielded from being terminated for requesting or using their allotted time off, however long they take as protected under the law.

While employers are not obliged to provide payment to an employee on leave unless they choose to use vacation or paid time off, they are required to uphold benefits like health care coverage and reinstate the employee in the same or a similar position upon their return from leave. Additionally, the California employee continues to accumulate seniority while on maternity leave and retains any associated rights or privileges. Employers should contact our business attorney in Los Angeles for a free consultation.

Paid Family Leave

New parents seeking time off from work for bonding with a new child or other significant family-related reasons can also avail themselves of paid family leave. Eligible California workers have the potential to receive benefits for as long as eight weeks, amounting to 60-70% of their average weekly earnings over the 18-month period leading up to the commencement of their maternity leave claim.

It is important to note that Paid Family Leave does not guarantee job protection, although an individual may be covered by Pregnancy Disability Leave (PDL) and the California Family Rights Act (CFRA), which would provide job security in that context.

What pregnancy laws should California employers know?

Apart from CFRA, the federal Family Medical Leave Act (FMLA) and California’s Pregnancy Disability Leave law (PDL) may also be applicable when a worker is pregnant, gives birth, or requires leave for bonding with a child.

California PDL grants eligible employees as long as four months (or approximately 17 1/3 weeks) of job-protected, unpaid maternity leave for each pregnancy, during which the worker is considered disabled because of pregnancy, giving birth, or a connected medical condition. Companies with 5 or more workers must adhere to PDL requirements.

The Family Medical Leave Act (FMLA) offers eligible pregnant California employees as long as 12 workweeks of job-protected, unpaid maternity leave within a twelve-month-long period for serious health conditions (including pregnancy, giving birth, or associated medical conditions) or for bonding with their baby. Companies are not obligated to supply FMLA leave if, together with other rationale, the worker asking for leave labors at a worksite with less than fifty workers within a radius of 75 miles.

In the meantime, CFRA allows eligible California workers to take as long as 12 workweeks of job-protected, unpaid maternity leave within a twelve-month-long period specifically for purposes of bonding with the baby. As opposed to FMLA, CFRA leave is not utilized during an employee’s leave due to pregnancy, giving birth, or associated medical conditions (although CFRA leave could be available for other significant health conditions of the worker).

Additionally, both CFRA and FMLA extend specific leave entitlements to employees who require leave to care for designated relatives with a significant health condition.

How the Laws Interact

Understanding how CFRA, FMLA, and PDL operate in tandem, particularly when a worker becomes pregnant, can be complex.

It is crucial for employers to recognize that FMLA runs at the same time as both CFRA and PDL. Thus, FMLA does not extend any further leave entitlement beyond what is already provided under CFRA and PDL for leave related to pregnancy.

In use, PDL is typically first granted to a pregnant worker, possibly even before the employee gives birth. Once the California worker is no longer deemed medically disabled due to pregnancy, giving birth, or associated medical conditions, they may then take as long as twelve workweeks of leave for baby bonding, or maternity leave, under CFRA. If relevant, FMLA would run at the same time and be utilized during the employee’s CFRA and PDL leaves.

This implies that, between the 12 workweeks of CFRA and the 17 1/3 weeks of PDL, an eligible California worker could potentially take up as long as 29 1/3 weeks of maternity leave for reasons related to pregnancy, giving birth, and bonding with the baby. That said, if an employee uses up their PDL leave entitlement and remains medically unable to work, other leaves and accommodations may need to be considered, such as accommodation for disability.