San Francisco Maternity Leave Attorneys

Bringing a child into your family is a life-changing time, and it can take several weeks or months to adjust to your new normal. Depending on the situation, new parents may need this time to physically heal, bond with the child, and get into a new routine. It’s important for expectant parents to know their rights and contact San Francisco maternity leave attorneys if an employer violates those rights.

California Maternity Leave Laws

California law requires certain employers to allow parents to take leaves of absence from their jobs in certain circumstances. The amount of leave and which employers must grant it depend on what type of leave the employee needs to take. When it comes to pregnancy, childbirth, and new children, three types of leave may apply:

• Pregnancy Disability Leave: Organizations that employ at least five people must grant pregnancy disability leave if an employee is disabled as a result of pregnancy, childbirth, or a related condition. This leave may last up to four months. 
• Family and Bonding Time Leave: This requirement allows all parents to take up to 12 weeks of leave after bringing a new child into the family. The state law applies to employers with at least 20 employees who live within 75 miles of the worksite, and only if the employee worked at least 1,250 hours in the preceding 12 months.

• Leave as Reasonable Accommodation: No two families are exactly alike. Sometimes, that means that a parent needs additional time to adjust to their new lives. If a parent has used all of their other types of leave and reasonably needs more time, California law may require employers to grant that time. 

Perhaps the most important note about California parental leave law is this: the right to take leave without losing your job is not the same as the right to get paid during that leave. Although some employers may offer pay during parental leave, it is not required under California law. However, San Francisco’s laws are different.

San Francisco Maternity Leave Laws

San Francisco’s Paid Parental Leave Ordinance (PPLO) requires more from employers than general California laws. Not only must San Francisco employers meet all of the state’s requirements, but they must also provide supplemental compensation when a parent takes paid family leave. This ordinance:

• Applies to employees who conduct at least 40 percent of their duties in San Francisco, is eligible for California paid family leave laws, and works at least eight hours per week for the employer
• Is subject to weekly wage caps
• Applies to employers with 20 or more employees across the globe
• Covers six weeks of leave
• Applies to all parents, not just people who give birth

What About Adoption and Foster Care?

Both California family leave laws and the city’s ordinance cover parents who take leave to care for foster children when they first enter the home or newly adopted infants. Pregnancy and childbirth disability claims do not apply to foster or adoptive families, though they may apply to birth mothers and surrogates.

When to Hire San Francisco Maternity Leave Attorneys

Building a family is complicated and worthy of protection. While many employers abide by state and local laws, some do not – whether out of malice or ignorance of the law. If you believe your employer is unlawfully denying your parental leave, contact the San Francisco maternity leave attorneys at Minnis and Smallets today. Whether you simply need advice on your next steps or you need to file a lawsuit, we are here to help.