Pregnancy Leave and Maternity Leave Lawyers

In California, employees have important rights related to pregnancy and maternity leave under both state and federal laws. Family, medical, and disability leave lawyers can help employees understand these protections and how different leave laws may apply. These rights are designed to protect employees from discrimination due to pregnancy and provide eligible workers with time off for pregnancy, childbirth, recovery, and bonding with a new child.

A pregnant employee may qualify for more than one type of leave or benefit depending on their medical condition, length of employment, employer size, and other factors. Understanding how maternity leave, Pregnancy Disability Leave, CFRA, FMLA, and Paid Family Leave interact can help employees plan their time away from work.

Here’s a summary of the key laws and rights:

Pregnancy Disability Leave (PDL)

• Eligibility: Employees who work for employers with five or more employees may qualify for PDL when they are disabled by pregnancy, childbirth, or a related medical condition. Unlike CFRA and FMLA, there is generally no minimum number of hours or months an employee must have worked to qualify for Pregnancy Disability Leave.
• Duration: An employee may receive up to four months of leave per pregnancy when disabled by pregnancy, childbirth, or a related medical condition. The actual amount of Pregnancy Disability Leave depends on the period during which the employee is disabled.
• Pay: PDL itself is generally unpaid, but employees may be able to use accrued sick leave and may qualify for State Disability Insurance (SDI) benefits while unable to work.
• Reasonable Accommodation: A pregnant employee may also have rights to reasonable accommodations, including modified duties, transfer to a less strenuous or hazardous position when legally required, or other workplace changes based on medical needs.

PDL can be an important part of maternity leave for employees who are unable to work because of pregnancy or childbirth. Because different California leave protections can apply at different stages, employees should consider all of the laws for which they may qualify.

California Family Rights Act (CFRA)

• Eligibility: Employees generally must have worked for their employer for at least 12 months and completed at least 1,250 hours of service during the 12 months before leave begins. CFRA generally applies to employers with five or more employees.
• Duration: Eligible employees can take up to 12 weeks of job-protected leave to bond with a child following birth, adoption, or foster care placement. Pregnancy disability itself is not CFRA leave, so an eligible employee may be able to take CFRA bonding leave after PDL ends.
• Pay: CFRA leave is generally unpaid, although employees may be able to receive wage-replacement benefits or use applicable accrued paid leave during some or all of this time.

The ability to take CFRA bonding leave after PDL can provide eligible employees with additional maternity leave following recovery from pregnancy or childbirth. The amount of California leave available will depend on the employee’s eligibility and individual circumstances.

Family and Medical Leave Act (FMLA)

• Eligibility: FMLA generally applies to covered private employers with 50 or more employees. An employee generally must have worked for the employer for at least 12 months, completed at least 1,250 hours of service during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
• Duration: Eligible employees can generally take up to 12 workweeks of unpaid, job-protected FMLA leave for qualifying reasons, including incapacity related to pregnancy, prenatal care, childbirth, and bonding with a newborn child.
• Interaction With Other Leave: FMLA may run concurrently with PDL when an employee qualifies under both laws and the leave is related to pregnancy disability. After the employee is no longer disabled by pregnancy, CFRA bonding leave may be available separately. FMLA and CFRA generally run concurrently when both laws cover the same bonding leave.
• Pay: FMLA leave itself is generally unpaid, although employees may be able to use applicable paid leave or receive qualifying wage-replacement benefits during their absence.

Paid Family Leave (PFL)

• Eligibility: Employees who have contributed to California State Disability Insurance and otherwise satisfy the program’s requirements may qualify for Paid Family Leave benefits.
• Duration: PFL can provide up to eight weeks of partial wage-replacement benefits for qualifying reasons, including bonding with a new child. PFL provides benefits rather than job protection by itself, although an employee may have separate job-protection rights under CFRA, FMLA, or another law.
• Pay: The amount of PFL benefits depends on the employee’s earnings and applicable state benefit calculations. Employees should check current benefit rates with the California Employment Development Department (EDD).

Paid Family Leave can help replace a portion of an employee’s income during qualifying maternity leave or parental bonding time, but employees should separately determine whether their job is protected under CFRA, FMLA, or another applicable law.

Additional Protections

• Job Protection: Employees taking legally protected pregnancy or parental leave generally have reinstatement rights, although the specific requirements depend on the law involved. In many situations, employees are entitled to return to the same position or a comparable or equivalent position.
• Health Insurance: Employers may be required to maintain group health coverage during qualifying PDL, CFRA, or FMLA leave under applicable rules.
• Reasonable Accommodation: Employers may also be required to provide reasonable accommodations when an employee is affected by pregnancy, childbirth, or a related medical condition.

Anti-Discrimination

• California law prohibits unlawful discrimination and harassment based on pregnancy, childbirth, and related medical conditions. Employers cannot lawfully fire, demote, refuse to hire, or otherwise discriminate against an employee simply because the employee is pregnant or exercises protected leave rights.
• Employers also generally cannot retaliate against employees for requesting or taking legally protected pregnancy or parental leave or requesting a legally required reasonable accommodation.

Employees should communicate with their employers about their need for pregnancy or parental leave and provide appropriate notice or documentation when required. Because eligibility and the interaction among state and federal laws can vary considerably, employees may also want to consult experienced pregnancy and maternity leave lawyers to better understand their rights and options.