Pregnancy or Maternity Leave Laws
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A. Pregnancy or Maternity Leave Laws California
The maternity leave laws in California require companies with at least 5 employees to provide 12 weeks of unpaid family leave to new parents. Moreover, companies with at least 5 employees must provide up to four months of unpaid pregnancy-disability leave if you are unable to work due to pregnancy-related conditions or childbirth. Here are five key things to know about California maternity leave laws:- California employers are not required to provide paid maternity leave; BUT
- You may still obtain paid leave through accrued paid time off, state disability insurance, temporary disability, and the Paid Family Leave Act (“PFL”)
- Employers are also required to keep you on the company’s group health insurance during maternity leave.
- You must be reinstated to your same or comparable job position following your leave (with certain exceptions).
- If your employer discriminates against you for taking leave, you have grounds to file a lawsuit.
DO YOU HAVE ANY QUESTIONS?
Frequently Asked Questions
What are California's maternity leave laws?
California provides pregnancy disability leave (up to four months for pregnancy-related conditions), CFRA leave (12 weeks for baby bonding), and Paid Family Leave benefits. These protections exceed federal FMLA requirements.
How long is maternity leave in California?
Eligible employees can receive up to four months of pregnancy disability leave plus 12 weeks of CFRA baby bonding leave. Total leave can extend beyond six months when both apply consecutively.
Can I be fired while on maternity leave in California?
No, California law protects your job during pregnancy disability leave and CFRA leave. You’re entitled to return to your same or comparable position. Termination while on protected leave may constitute illegal discrimination or retaliation.
Do I get paid during maternity leave in California?
California’s State Disability Insurance (SDI) provides partial wage replacement during pregnancy disability. Paid Family Leave (PFL) provides benefits during baby bonding. Your employer may also offer additional paid leave benefits.
