New parenthood can be exhilarating, but it can also make everyday activities more challenging, including work obligations. If you are a new or expecting parent, you deserve to rest. California maternity leave laws protect your right to take much-needed rest associated with pregnancy or welcoming a new child into your household.
If you’re wondering how long maternity leave is in California or need pregnancy-related support at work, you should speak to an attorney about your options. Matern Law Group has the experience and dedication to help make sure you receive all the legal protections you need as a new or expecting parent in the workplace. Call 855-913-1134 or schedule a consultation online.
How Does Maternity Leave Work in California: State and Federal Protections
Several legal protections under state and federal law can help new, working parents. Suppose you are pregnant, dealing with the effects of a pregnancy, or adjusting to a new child in your home; in this case, you have multiple options for taking California maternity leave and receiving work accommodations.
Keep reading to know how maternity leave works in California and learn about your parental rights.
California Family Rights Act and Family and Medical Leave Act
The California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) allow you to take up to 12 weeks of unpaid, job-protected leave in 12 months.
When it comes to pregnancy and new parenthood, employees can take FMLA or CFRA leave for the following reasons:
- To address a serious health condition, which can include pregnancy and pregnancy-related conditions.
- To take the necessary steps to give birth to a child.
- To bond with a child who has just come into the household by way of birth, adoption, or foster care within the first year.
During this leave period, your employer must maintain job-related benefits like health insurance and seniority privileges. Your employer should also safeguard your job during your leave. When your leave period is over, your employer should return you to the same or a similar position.
Your employer can require you to give a 30-day notice before taking leave. However, individuals who need leave for unanticipated circumstances must provide notice only as soon as practicable.
If you want to take leave under the CFRA or FMLA, the following circumstances must apply:
- Your employer has at least five employees.
- You have worked for your employer for more than 12 months.
- You worked at least 1,250 hours for your employer in the 12 months before taking leave.
If your employer denies your right to leave or fails to protect your job while on leave, you can file a legal complaint to recoup damages and recover work benefits.
California Pregnancy Disability Leave
The duration or aftermath of a pregnancy can be particularly debilitating for some individuals. California maternity leave laws recognize that many expectant parents need additional time to handle the health-related effects of carrying a child. If your pregnancy has affected your ability to perform tasks at your job, California’s Pregnancy Disability Leave (PDL) law allows you to take up to four months of unpaid, job-protected leave.
Under California maternity leave laws, Pregnancy Disability Leave provides critical support for individuals who are temporarily disabled due to pregnancy. You are entitled to PDL if you work for an employer with five or more employees.
Here are some common pregnancy-related reasons that could qualify you for leave in California:
- Time needed for prenatal care
- Childbirth
- Pregnancy loss
- Severe morning sickness
- Doctor-ordered bed rest
- Postnatal care
- Recovery from childbirth
- Other pregnancy-related conditions
Only employers with five or more employees are subject to this law, and the same notice rules as those for CFRA apply. You may also need to provide written leave certification from your doctor, but your employer cannot ask about your diagnosis.
How Does Maternity Leave Work in California: Paid Leave Options
While unpaid, job-protected leave can significantly relieve new mothers and fathers, the lack of payment is still problematic for many people. California has several paid leave options to consider during maternity or paternity leave.
Some employees utilize their employer’s vacation pay or disability insurance policies to receive pay during leave. Additionally, many employees can use California’s Paid Family Leave (PFL) benefits.
If you’re looking to take advantage of California’s Paid Family Leave benefits, you must:
- Be unable to work;
- Have lost wages;
- Be employed or actively seeking work;
- Have earned at least $300 from which State Disability Insurance was withheld during your base period;
- Provide supporting documentation regarding your need;
- Submit request paperwork within 41 days of beginning leave.
If the state grants you paid leave, you can receive disability pay between 60% and 70% of your weekly wages. Understanding California maternity leave laws is crucial to navigating these benefits effectively.
How Long Is Maternity Leave in California?
The length of maternity leave in California can vary, but Paid Family Leave typically covers up to eight weeks of benefits. It’s essential to plan accordingly and be aware of state and federal regulations to fully utilize your leave options.
Pregnancy Accommodation at Work
If you need or prefer to work during your pregnancy or immediately after giving birth, California maternity leave laws ensure that your employer provides reasonable accommodations. These accommodations are designed to support employees who are pregnant, have pregnancy-related conditions, or have recently given birth.
Under California maternity leave regulations, reasonable accommodations include:
- Job restructuring,
- Providing seating,
- Eliminating strenuous tasks, and
- Increasing the number of work breaks.
Your employer’s obligations extend to breastfeeding needs as well. California maternity leave laws mandate that employers provide a reasonable break time and a private area for expressing breast milk.
Speak to an Attorney Today About Your California Maternity Leave Rights
Matern Law Group ensures that your rights under California employment laws are respected. The firm’s experienced attorneys ensure that employers provide healthy and supportive workplaces for pregnant employees and new parents. If you’re experiencing pregnancy harassment or need more information about how maternity leave works in California, call Matern Law Group at 855-913-1134 or schedule a consultation online.
