California Pregnancy Leave Laws: What Expecting Employees Need To Know

Pregnancy is a transformative time, and while the excitement of expecting a child can be overwhelming, it is also necessary for employees to understand their rights and protections in the workplace. Pregnancy leave laws in California are among the most comprehensive in the nation, providing vital safeguards from pregnancy discrimination. These laws ensure that expectant mothers can take the necessary time off for childbirth, recovery, and bonding with their newborns, all while keeping their jobs secure.

What Leave Is Available to Pregnant Employees?

In California, pregnant employees are entitled to leave under two primary legal frameworks: Pregnancy Disability Leave (PDL) and the California Family Rights Act (CFRA). These laws offer different types of protection, but together, they ensure that expecting employees can focus on their health and family without fear of losing their jobs.

Pregnancy Disability Leave (PDL)

PDL allows an employee to take up to four months of unpaid leave if they are unable to work due to pregnancy, childbirth, or a related medical condition. This leave is available to any employee working for a company with five or more employees, regardless of how long they’ve been employed. Importantly, this leave is separate from other types of medical or family leave, so it does not overlap or reduce the amount of time allowed for other forms of leave.

PDL covers conditions like severe morning sickness, prenatal care, postnatal recovery, and any medical complications related to pregnancy. It also provides job protection, meaning that employees are entitled to return to the same or comparable position once they are able to resume work.

California Family Rights Act (CFRA)

After recovering from childbirth, many employees want to spend time bonding with their newborns. This is where CFRA comes into play. The CFRA allows up to 12 weeks of unpaid leave for bonding with a new child or for serious health conditions. It applies to employees who have worked for their employer for at least 12 months and in workplaces with five or more employees.

For pregnant employees, this means that they can take both PDL and CFRA leave consecutively—first using PDL for medical leave during pregnancy and recovery and then CFRA for bonding time after delivery. When combined, an employee can take up to seven months of job-protected leave.

Do These Laws Guarantee Paid Leave?

While both PDL and CFRA provide unpaid leave, California employees may still be eligible for partial wage replacement during their leave through the state’s disability insurance program (SDI) and Paid Family Leave (PFL). SDI can cover a portion of wages during the period when an employee is unable to work due to pregnancy-related disabilities.

Once SDI ends, PFL can kick in, offering partial pay for up to eight weeks while bonding with a newborn. These programs are funded through payroll deductions, and most employees who pay into the system are eligible.

Protecting Your Rights

Employees need to communicate with their employers and understand the requirements for requesting leave. Employers may ask for a doctor’s note confirming that the employee is unable to work due to pregnancy or a related condition.

Employers are also required to provide reasonable accommodations if necessary, such as modifying work duties or allowing for more frequent breaks. Employees who believe their rights are being violated have options, including filing complaints with the California Department of Fair Employment and Housing (DFEH).

Pregnancy Discrimination Lawyer in California

California’s pregnancy leave laws offer vital protections for expecting employees, ensuring that their jobs are secure while they focus on their health and family. If you’re facing challenges with pregnancy leave or any other workplace discrimination due to pregnancy, Sirmabekian Law Firm is here to protect your rights.

Our experienced attorneys specialize in California labor laws and are ready to stand by your side, ensuring your job security and benefits during this important time. With a 99% success rate and a commitment to employee advocacy, we’re dedicated to helping you navigate your legal options. Contact us for a free consultation today and get the support you deserve.