Pregnancy should not cost you your job. California employees may have the right to take protected leave for pregnancy, childbirth, recovery, and bonding with a new child—and to return to the same or a comparable job afterward.
The exact amount of protected leave depends on your medical condition, your employer’s size, and your work history. But many eligible California employees can take up to four months of Pregnancy Disability Leave (PDL), followed by up to 12 weeks of CFRA baby-bonding leave.
Pregnancy Disability Leave: Up to Four Months
California’s Pregnancy Disability Leave law requires employers with five or more employees to provide up to four months of job-protected leave when an employee is disabled by:
- Pregnancy;
- Childbirth;
- Recovery from childbirth; or
- A pregnancy-related medical condition, including conditions requiring bed rest or intermittent leave.
PDL is based on actual disability. It is not automatically four months for every employee, but an employee may use up to that amount if medically disabled for that period.
Unlike CFRA and FMLA, PDL generally does not require that you have worked for the employer for 12 months or accumulated 1,250 hours. An employer may request appropriate medical certification, but cannot use the leave request as a reason to punish, demote, or terminate you. PDL can be taken continuously or intermittently if medically necessary. For example, an employee may need time off for prenatal appointments, pregnancy complications, childbirth, recovery, or a reduced work schedule.
CFRA Baby-Bonding Leave: Up to 12 Additional Weeks
After pregnancy disability leave ends, an eligible employee may take up to 12 workweeks of California Family Rights Act (CFRA) leave to bond with a newborn. CFRA bonding leave may also be available after adoption or foster-care placement. To qualify, an employee generally must:
- Work for an employer with at least five employees;
- Have worked for that employer for at least 12 months; and
- Have worked at least 1,250 hours during the 12 months before leave begins.
For an employee who uses the full amount of pregnancy disability leave and qualifies for CFRA, the total protected leave can be roughly four months of PDL plus 12 workweeks of bonding leave.
How FMLA Fits In
The federal Family and Medical Leave Act (FMLA) may overlap with some pregnancy-related leave. However, FMLA generally applies only when the employer has at least 50 employees within 75 miles of the employee’s worksite. Where FMLA applies, it may run at the same time as PDL for pregnancy-related disability. It does not necessarily reduce a separate CFRA entitlement to bond with a new child after PDL ends.
That distinction matters. An employer may incorrectly tell an employee that she has “used up” all leave after 12 weeks, even though California law may provide additional PDL or CFRA leave.
Is Pregnancy Leave Paid?
PDL, CFRA, and FMLA provide job protection; they do not necessarily require the employer to continue regular wages.
Depending on the circumstances, an employee may be able to receive:
- California State Disability Insurance (SDI) during pregnancy disability or recovery;
- Paid Family Leave (PFL) during baby-bonding time;
- Accrued vacation, PTO, or other employer-provided paid leave; or
- Employer-provided maternity or parental leave benefits.
Employees should confirm benefit deadlines early. Job-protected leave and wage-replacement benefits are separate issues.
Does My Employer Have to Return Me to My Job?
Usually, yes. An employer generally must reinstate an employee returning from protected pregnancy or family leave to the same or a comparable position. The employer also must continue group health coverage on the same terms during protected leave. There are limited exceptions, including a legitimate layoff or job elimination that would have occurred even if the employee had not taken leave. But an employer cannot use a supposed restructuring, performance issue, attendance rule, or replacement hire as a pretext for pregnancy discrimination or retaliation.
Common Red Flags
You should promptly seek advice if your employer:
- Tells you that pregnancy leave is unavailable because you are “too new” to qualify;
- Counts pregnancy disability leave against your CFRA baby-bonding leave without examining the rules;
- Pressures you to resign instead of taking leave;
- Replaces you and refuses to restore you after leave;
- Demotes you, cuts your hours, or gives you worse duties after you disclose a pregnancy;
- Treats pregnancy-related absences as attendance violations;
- Refuses medically necessary intermittent leave or a reasonable accommodation; or
- Terminates you shortly before, during, or after leave.