The Maternity Leave Laws in California

California offers some of the best maternity leave laws and protections in the country for mothers that balance job security with the needs of the family. The protections are quite expansive, covering everything from pregnancy disability to bonding time with a newborn. This article will discuss the essential laws, benefits, and how a pregnancy discrimination lawyer can help if your rights are compromised.

Table of Contents

Key Maternity Leave Laws in California

California’s protections for maternity leave include multiple laws supporting job security and wage replacement for expecting and new mothers.

Pregnancy Disability Leave (PDL)
Under California’s Fair Employment and Housing Act (FEHA), Pregnancy Disability Leave provides up to four months of job-protected leave for those who are disabled due to pregnancy, childbirth, or related medical conditions. This protection applies to companies with five or more employees. During PDL, employees can take leave as needed and may also qualify for State Disability Insurance (SDI) for partial wage replacement while unable to work.
Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
These two laws offer eligible employees up to 12 weeks of unpaid, job-protected leave per year. For maternity leave, FMLA and CFRA support bonding time following the birth or adoption of a child. Both laws can run concurrently with PDL, combining pregnancy-related and bonding leave without the risk of losing a job. FMLA covers companies with 50+ employees, while CFRA applies to companies with five or more employees.
Paid Family Leave (PFL)
California’s Paid Family Leave program provides up to eight weeks of partial wage replacement for bonding with a new child. While PFL doesn’t provide job protection, it works alongside FMLA or CFRA to allow income during bonding leave.
New Parent Leave Act (NPLA)
Covering employees at companies with 20 or more employees, NPLA provides up to 12 weeks of unpaid, job-protected leave for bonding with a new child. This law particularly benefits those at smaller companies not covered by FMLA.

Financial Support During Maternity Leave

California also offers multiple programs that alleviate income loss during maternity leave, giving parents the flexibility they need to bond with their newborns.

State Disability Insurance (SDI)

California’s SDI program provides partial wage replacement for those unable to work due to pregnancy, childbirth, or related conditions. Employees receive between 60-70% of their past salary while on leave. Typically, SDI covers four weeks before the birth and six to eight weeks afterward, depending on the type of delivery.

For example, let’s say a woman in her third trimester takes four weeks of SDI before giving birth. After having her baby, she continues with SDI benefits for eight more weeks. These payments help her manage her finances while she recovers.

Paid Family Leave (PFL)

After SDI benefits conclude, many mothers can transition to PFL for additional partial wage replacement during bonding time. PFL provides up to eight weeks of benefits, which can be used anytime within the first year of the child’s birth or adoption. Since PFL is employee-funded, Californians should check their pay stubs for “CASDI” deductions to make sure they’re eligible.

Wage Supplement Options

Some employers allow employees to use accrued vacation, sick leave, or paid time off in combination with PFL benefits to reach full income replacement during maternity leave. The California Employment Development Department (EDD) offers an online calculator to help estimate benefits and determine the best approach to supplement PFL with other accrued benefits.

When to Seek a Pregnancy Discrimination Lawyer

Despite California’s strong protections, some employers may not fully comply with these laws. Discrimination related to pregnancy or maternity leave can still occur, and consulting a pregnancy discrimination lawyer can help in these situations:

Denial of Leave or Job Protection
If an employer denies job-protected leave under PDL, FMLA, CFRA, or NPLA, a lawyer can help clarify your rights, negotiate with your employer, or, if necessary, take legal action to protect your job. Knowing you have this support can give you the peace of mind and confidence you need to stand up for your rights.
Reduction in Hours or Responsibilities
Employers may attempt to alter an employee’s role after maternity leave, potentially as a form of indirect discrimination. A pregnancy discrimination lawyer can determine whether changes in employment status or duties are linked to maternity leave and guide you on the next steps to take.
Wrongful Termination
If you’re terminated due to pregnancy or for taking maternity leave, it may constitute wrongful termination. In such cases, a lawyer can investigate and pursue compensation if your rights have been violated under California’s employment laws.

How the Benefits Work Together

California’s laws allow employees to combine benefits to maximize their maternity leave while still getting partial income. Here’s a sample leave timeline to illustrate how benefits can work in succession:

SDI Leave
The mother begins her leave four weeks before her due date, receiving partial wage replacement through SDI.
Postpartum SDI
After delivery, SDI benefits continue for six to eight weeks.
Transition to PFL
After SDI concludes, the mother can shift to PFL benefits for an additional eight weeks of wage replacement.

By coordinating PDL, FMLA, CFRA, and PFL benefits, new parents in California can often take nearly six months of leave, allowing ample time to recover and bond with their child. Job protection and wage support vary based on employment and program eligibility, so consulting with a qualified attorney can help guide you through your specific situation.

Key Takeaways for Handling Maternity Leave in California

Understanding maternity leave laws in California helps make certain you receive the benefits and job protection you’re entitled to. Here’s a quick recap:

Familiarize Yourself with the Laws
Protect your right to bonding time by understanding your rights under PDL, FMLA, CFRA, and NPLA, which will help you plan your leave efficiently.
Maximize Wage Replacement
Use SDI and PFL benefits to offset the financial impact of time off, and supplement with vacation or sick leave if available.
Seek Legal Support if Needed
If you experience any uncertainty or feel your rights aren’t being respected, consulting a pregnancy discrimination lawyer can protect your rights and advocate on your behalf.

With California’s comprehensive maternity leave protections, you’re better positioned to enjoy this special time with peace of mind. By understanding your options and advocating for your rights, you can make the transition into parenthood smoother and more secure. Taking these steps allows you to focus on your family during this important stage of life.