Are You Expecting? Know Your Rights as a Mom-to-Be

Pregnancy is an exciting time. But for many working mothers in California, pregnancy also brings up concerns about job security, time off, and income. You might be asking questions such as, “How much time off can I take?” and “Will I still have a job after my leave?” The good news is that California has some of the strongest pregnancy and parental leave protections in the nation. These laws exist to ensure you do not have to choose between family responsibilities and financial stability. Understanding these laws can help you plan your leave confidently and recognize when an employer may be acting unlawfully.

Laws That Protect Pregnant Employees in California

As a California employee, you are protected by three main laws when pregnant and after giving birth. These are the:

• California Pregnancy Disability Leave (PDL) Law
• California Family Rights Act (CFRA)
• Federal Family and Medical Leave Act (FMLA)

Each law covers a different situation, and more than one law may apply to you.

Pregnancy Disability Leave (PDL) Law

California’s Pregnancy Disability Leave Law provides the broadest protection during pregnancy. PDL Law is applicable to employers with five or more employees and covers workers from their first day on the job, regardless of how many hours they work or whether they are full or part-time. Pregnancy Disability Leave Law allows for up to four months of job-protected leave if an employee is disabled by pregnancy, childbirth, or related medical issues.

Employers are also required to offer reasonable accommodations for pregnancy-related limitations, such as modified duties, extra breaks, or seating, unless doing so would cause undue hardship to the business. In some cases, additional leave beyond four months may be necessary as a reasonable accommodation under California’s Fair Employment and Housing Act (FEHA).

California Family Rights Act (CFRA)

After the pregnancy disability period ends, you may qualify for bonding leave under the California Family Rights Act. CFRA applies to employers with five or more employees. To qualify, you need to have:

• Worked for your employer for at least 12 months, and
• Logged 1,250 hours of work in the 12 months leading up to your leave

CFRA provided up to 12 workweeks of job-protected leave to bond with your new child. You can take this leave all at once or intermittently, but you must use up all your days within a year of your child’s birth.

It is vital to note that CRFA does not affect or replace PDL. Additionally, CFRA and PDL cannot be used concurrently.

Federal Family and Medical Leave Act (FMLA)

The FMLA is a federal law that applies to employers with 50 or more employees within a 75-mile radius of the worksite. The eligibility criteria are the same as CFRA’s, requiring 12 months of employment and 1,250 hours of work.

FMLA offers up to 12 weeks of job-protected leave for medical reasons or parental bonding. When both laws apply, FMLA can run concurrently with PDL during your pregnancy disability. After you deliver, FMLA usually runs concurrently with CFRA. However, there are distinctions. For instance, the CFRA covers registered domestic partners, whereas the FMLA does not.

Is Pregnancy Leave Paid in California?

The law does not require your employer to pay your full wages during leave. However, you may qualify for Paid Family Leave (PFL). This state program provides partial wage replacement through the Employment Development Department (EDD) and not your employer.

Contact a California Employment Lawyer

If you are expecting, contact a California employment lawyer near you for help understanding your rights as a mom-to-be and protecting those rights.