How Long Does Maternity Leave Last in California?

Understanding maternity leave rights is crucial for California employees preparing to welcome a new child into their lives. This life-changing event often requires balancing professional responsibilities with personal needs, and knowing the legal entitlements can provide both clarity and security. California provides some of the most comprehensive maternity leave protections in the United States, ensuring that employees can bond with their newborn, adopted or foster child without fear of losing their jobs. Minnis & Smallets LLP offers comprehensive guidance for employees navigating their rights during maternity leave.

How Does the California Family Rights Act (CFRA) Protect Employees?

The California Family Rights Act (CFRA) is a critical law that governs maternity leave rights in the state. Under CFRA, employees who work for an employer with at least five employees are allowed to take up to 12 weeks of unpaid leave to bond with a new child. This law applies equally to biological, adopted and foster children.

To qualify, employees must have worked for their employer for at least one year and accrued at least 1,250 hours of service in the preceding 12 months. CFRA provides job protection, which means employees returning from maternity leave are entitled to their prior positions or equivalent roles with comparable pay and duties. Employers must also maintain health insurance benefits during this period as if the employee were still working.

Pregnancy Disability Leave (PDL)

Separate from CFRA, the Pregnancy Disability Leave (PDL) Act provides additional protections for pregnant employees who need time off due to pregnancy-related medical conditions. Employees may take up to four months (approximately 16 weeks) of unpaid leave if they are unable to work due to disabilities caused by pregnancy, childbirth or related medical conditions. Common conditions covered under PDL include severe morning sickness, preeclampsia, postpartum recovery and other health matters that keep the employee from performing essential job duties.

Unlike CFRA, there is no minimum tenure or hour requirement to qualify for PDL. This leave can be taken intermittently or all at once, and employers with five or more employees must comply with this law.

Paid Family Leave (PFL)

Although neither CFRA nor PDL requires employers to provide paid leave, California’s Paid Family Leave (PFL) program offers financial assistance to employees who need time off to bond with a new child. Administered through the state, PFL provides up to eight weeks of wage replacement during a 12-month period. The benefit amount depends on the employee’s earnings, with many workers receiving up to 70-90% of their salary, subject to a weekly maximum.

Legal Assistance for Denied Leave

Despite clear legal protections, some employers may unlawfully deny maternity leave or fail to uphold employee rights. When this occurs, affected employees should seek legal counsel to review their case and explore potential remedies. Employment attorneys can help determine whether the denial was in violation of state or federal laws and pursue claims for reinstatement, compensation or other damages.

Contact Minnis & Smallets LLP for Guidance

Navigating maternity leave laws can feel overwhelming, especially when conflicts arise. The experienced attorneys at Minnis & Smallets LLP are committed to representing employees seeking their entitled leave under California law. Employees who believe their maternity leave rights have been violated can turn to Minnis & Smallets LLP for professional advocacy. Contact our firm today for a case evaluation.