What are Federal and California Pregnancy Leave Laws?

What are Federal and California Pregnancy Leave Laws?

Most workers in the United States only have the Family and Medical Leave Act (FMLA), a set of federal laws that govern how much leave employers are required to allow for family and medical reasons. Fortunately, California workers have additional pregnancy labor laws, including the California Family Rights Act (CFRA), Pregnancy Disability Leave law (PDL) for paid and unpaid leave

If a worker is found eligible for family medical leave, that employee can take up to 12 workweeks in a 12-month period of unpaid leave. Employees may also be allowed to take intermittent FMLA leave or work reduced schedules if their employer agrees under certain circumstances. Do you qualify for FMLA leave under these circumstances? Schedule a free attorney consultation with our employment law firm today.

How Much Time Off for Pregnancy in California?

Workers employed at a California company with 50 or more employees may qualify under California maternity leave laws for up to seven months off work. However, most people do not qualify for all of the pregnancy leave available. The following pregnancy labor laws govern pregnancy leave in CA for mothers and fathers:

Family and Medical Leave Act

The FMLA allows for twelve weeks of unpaid time off during a year for child adoption, pregnancy and childbirth for all eligible US employees at most companies. This is typically the best option for fathers seeking paternity leave. The FMLA also provides mothers leave for pregnancy-related medical conditions.

California Family Rights Act

The CFRA takes the place of the FMLA in California. Through this law, employees are also allowed to take 12 weeks off work, unpaid. This is not in addition to the time off that FMLA offers. The CFRA does not allow employees to use this time for pregnancy disability leave.

Pregnancy Disability Leave

If you become temporarily disabled during or after your pregnancy and unable to perform your work duties, the California Fair Employment and Housing Act provides unpaid maternity disability leave that allows you to take an additional four months off work to recover. Employees may be entitled to use paid vacation time to offset the unpaid pregnancy disability leave law. Some California employers may also have to provide more leave under the PDL if the company provides a longer time off for other types of disability leaves.

Paid Short-Term Disability and Family Leave

Most employers in California are required to carry short-term disability insurance (SDI). SDI allows employees to take paid time off if they are disabled due to pregnancy and childbirth. Paid family leave (PFL) in California for pregnancy may also provide financial benefits from a state insurance fund based on a percentage of your usual earnings for a maximum of six weeks. This may be the best option for workers whose employers do not provide maternity leave pay.

Can My Employer Deny Maternity Leave? Ask a Pregnancy Discrimination Lawyer

Our employment attorneys are dedicated to fighting pregnancy discrimination and helping employees get the full pregnancy leave they need under California’s uncommon and complex maternity leave laws. We believe that taking care of yourself and your newborn child is incredibly important and want to help you make sure you are able to get the time you deserve for your health and your family. Contact our law office by calling or submitting a free claim consultation form to speak with a pregnancy discrimination lawyer today.