Maternity Leave Rights In California

California's maternity leave laws are hands-down some of the very best in the nation. While most state's maternity leave laws fall back on the federal FMLA (Family Medical Leave Act), California has also enacted the CFRA (California Family Rights Act) which applies only to California workers who:

1. Have worked for your employer for at least one year, and at least 1,250 hours during the last twelve months. 
2. Work for an employers who employs at least 50 employees. 
3. Work for an employer who has at least 50 employees at the company who work within 75 miles of the workplace 

Because both the FMLA and the CFRA are in place for employees who work for companies where more than 50 people are employed, it only covers about 57 percent of American employees. The other 43 percent are not covered, and must either hope that their particular company offers some sort of independent maternity leave, plan on having no income for a period of time or go back to work soon after the baby comes. 

California Family Rights Act

If you fit into the above category, then you are entitled to take up to 12 weeks of unpaid leave from your work in order to bond with your new baby. Your job is guaranteed to be protected for a period of seven months. During your leave, your employer must continue to provide you with any health care benefits you were receiving before your leave, however you will be required to pay your portion of the premiums. Keep in mind that your portion will now be after-tax, which means your premiums will cost you more up front than they did while you were working. 

California Paid Family Leave

Another option for expectant parents is the California Paid Family Leave (PFL) which went into effect in 2004, and grants up to six weeks of paid leave at about 55% of your normal wages. All employees are covered under the PFL, not just those with 50 or more employees, however a business with less than 50 workers is not required to hold your position if you go on paid family leave. You must apply for PFL; your employer will not do this for you.  

California Pregnancy Disability Leave Law

California also has a Pregnancy Disability Leave Law (PDLL) that will kick in if you are incapacitated during your pregnancy and will allow you to take up to four months off. Pregnancy-related concerns that qualify for PDLL include severe morning sickness, prenatal care, physician-ordered bed rest, childbirth and recovery from childbirth and you must be deemed incapable of doing at least one essential job task without risk to yourself or your child. The pregnancy disability leave requires that your position be held for up to four months (unpaid), then after the delivery of your baby you will receive a fresh set of 12 weeks leave under CFRA. If you are unsure of your maternity leave rights, contact an attorney who can guide you with his expertise.