employment litigation

Pregnancy or Maternity Leave Laws

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:
  1. California employers are not required to provide paid maternity leave; BUT
  2. You may still obtain paid leave through accrued paid time off, state disability insurance, temporary disability, and the Paid Family Leave Act (“PFL”)
  3. Employers are also required to keep you on the company’s group health insurance during maternity leave.
  4. You must be reinstated to your same or comparable job position following your leave (with certain exceptions).
  5. If your employer discriminates against you for taking leave, you have grounds to file a lawsuit.
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