Pregnant women often find that maternity leave is complicated and daunting. It does not have to be! There are a few basics that we cover in this post: what are your rights, what if your boss is upset that you will take a leave, and what to do if you get fired. Taking maternity leave in California is better than most states. The laws protect you here more than anywhere else in the country.
Basic Maternity Leave Rights in CA
The first question that many expecting employees face is whether they are entitled to maternity leave at all. The answer is usually, yes! California’s main pregnancy leave of absence laws (CFRA, FMLA, PDL, FEHA) apply to most employers. You have a right to take maternity leave. Employers are not required to pay employees during maternity leave. Even though employees do not have a right to pay from their employers during maternity leave, most California employees have a right to California’s state disability insurance during their leave. Fortunately, pregnancy related illnesses are considered disabilities by California law; employees often have a right to disability insurance payments during their leave. Visit California’s EDD website for more information.
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Leave to Bond With Your Child – 12 Weeks
California provides leave rights under the Family Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”). To be eligible for leave under CFRA, certain requirements must be met. The employee must work for an employer that has at least 50 employees within a 75 mile radius of the employee’s worksite. The employee must have worked for their employer more than 12 months. The employee must have worked at least 1,250 hours for the employer of work in the preceding year.
If these requirements are met, the employee is entitled to take up to 12 weeks of family care and medical leave in any given 12-month period. This leave can be used for the purpose of child bonding. To learn more about FMLA & CFRA visit this page that details who is eligible.
Pregnancy Disability In CA – Four Months
In California, expecting employees are not only entitled to maternity leave for the childbirth itself, but they also have a right to time off for disabilities related to the pregnancy as well. The definition of “disabled” is fairly broad. Most employers that have five or more employees, which includes most businesses in California, are governed by California’s main pregnancy discrimination law, the Fair Employment & Housing Act (FEHA).
A law directly under FEHA is CA’s pregnancy disability law, PDL, which requires employers to give female employees time off work if:
- She is disabled by pregnancy
- She is disabled by childbirth
- She has a medical condition related to pregnancy or childbirth
This can include, but is not limited too, the following: childbirth, loss of child, post-partum depression, bed-rest, prenatal care, gestational diabetes, preeclampsia, postnatal care, etc.
How long can you pregnancy disability leave last? FEHA gives female employees a right to maternity leave for up to four months. However, this maternity leave is only available to the employee as long as she is disabled from the childbirth, pregnancy, or some related condition.
The right to as much as 12 weeks of bonding time under CFRA is distinct from the right to pregnancy disability leave under FEHA. Accordingly, the bonding time under CFRA may be taken after the employee takes up to four months of pregnancy disability leave—totaling up to as much as seven months of total maternity leave depending on the length of the employee’s pregnancy disability.
Does maternity leave need to be taken all at once?
No, California’s FEHA provides for as much as four months of maternity leave for disabilities related to pregnancy and childbirth. But often disabilities are not continuous. Expecting mothers can take some time off during one trimester, or during an emergency, and then take the rest after delivery. This is called intermittent leave and is considered a reasonable accommodation.
Employers must provide reasonable accommodations for employees if they’re requested and if a health care provider has advised it. Your employer will likely ask you for a doctors note. If intermittent leave is expected, employers may explore a temporary transfer to a similar position with equal pay and benefits.
Can your company fire you for becoming pregnant?
No. California employers are prohibited from wrongfully terminating female employees due to pregnancy. Employment discrimination based on pregnancy is a type of sex discrimination, which is prohibited by FEHA. Expecting mothers also protected from harassment on the basis of pregnancy.
However, just because you are pregnant, does not mean they cannot fire you. If you are a bad employee, they can fire you. If they are laying off your department, you can go too. If you get fired while you are pregnant suspect the reason you were fired was your pregnancy, call a wrongful termination lawyer to investigate your case.
Do California employees have a right to their job after taking maternity leave?
Yes. Employees in California that exercise their right to maternity leave may not be discriminated against for taking a leave of absence. They have a right to return to their same or a similar position after their maternity leave has ended. The employer is not allowed to cut your pay when you return.
2021 Pregnacy Discrimination Update
I originally posted this article on February 27, 2015. I’ve updated it several times. Its now 2021 and some women are wondering if CA’s maternity leave laws have changed at all. First of all, the foundation of CA’s anti-discrimination laws have not changed. If you believe that you were fired because of your pregnancy, disability related to pregnancy, or maternity leave you should call the best employment lawyer in California for a free consultation. Some administrative rules and laws may have changed in 2019, but the majority of the calls to our office are about termination or expected termination. Therefore, it is unlikely that the maternity leave laws in California that may have changed in 2019 would affect the analysis of our office during your consultation.
Hi
I came to USA on H1B in Oct 2013 on behalf of an india based company and working for a client here till date. I am staying and working in CA and my husband is staying and working in FL. Once pregnancy confirmed, I am staying with my husband in FL for his support for me this condition. Now, my doctor is not allowing me to travel and get back to work due to my health condition. So, which leave I could avail now? I heard there is 6 month paid leave applicable for CA employees. Can I avail that leave? Please help.
Hello, your situation is complicated. Without giving any legal advice online, you could be entitled to pregnancy disability leave. But you would need to consult with an attorney privately. You can call our office or any other that is familiar with CA law. The State of California does have six weeks of paid leave, but that is a state benefit, not through your employer. And you do not get paid your full wage.
Hello,
I was on Pregnancy Disability Leave for 7.5 months due to post-partum complications. During the 6-7 month of leave, my boss kept calling me telling me my job was going to change as well as my hours and wanted me to commit to those changes, which I told her I could not comment on at the time. She also called me on different occasions saying “since you’ve been out for so long, I and (another employee) has had to do your job and pick up your responsibilities. I can’t do that anymore, I’m swamped.” She’s also on numerous occasions has said, “had you come back earlier…” She also said that “so many things have changed in the company” but when I asked her what those changes were, so could not provide a viable reason that showed the company was experiencing a hardship due to my leave. Everything was based more on a personal level that affected her directly (I’ve logged every conversation we’ve had).
She basically says these things because my Pregnancy Disability Leave had taken longer than she expected. I told her that I would be filing for baby bonding time from 4/5-4/17 since I have not been able to really bond with my child bc I’ve been recovering from the post-partum complications, to which she never said would be a problem. Yesterday (4/7/17, we spoke on the phone and she basically said this wasn’t working for her and laid me off and sent me a severance package.
Do I have any rights? To be fair, I only worked at the company for 8.5 months before I went on leave, so I’m not protected under FMLA.
I feel harassed and bullied by her and don’t know what I should have done differently. Please help if possible.
Hello, I am soon leaving on maternity leave and my employer stated I still need to make my insurance payments while I’m out. Is this correct?
Employees of companies with fewer than 50 employees (total, or within 75 miles), or employees who have not worked for their employer for 12 months are not covered by FMLA or CFRA. Do these women have any job protection rights, or can the employer terminate them when they go out on disability? Does the employer have to continue providing health benefits while the woman is on disability, even if she is not returning to work afterward?
Hi,
I will be starting a new job next week and I am four months pregnant. I am worried once I have the baby (since I am newly employed) I will not be able to get my job back since I will not meet the 12 month period mark to receive maternity leave.
Hi!
My work will start on June 5th. They have 160days of probation period, but benefit will be provided in 60days. However, Employer does not provide maternity leave.
I am 7weeks pregnant now and I am expecting my maternity leave will be November.
My question is there is anyway I can have maternity leave. I read there is 12 months or 1560 hrs of working period is required to get a maternity leave.
Please help me!
Hi,
This is my second preg – and the first child I was able to take a total of 4 months off (1 mon prior to deliver/3 mon post). This time around my coworker who is on leave now, and I will be at the end of May – just received notice that under the FMLA she is being denied. So that would only leave her gone for the next 2.5 months. Is this right? Or what other benefits can she obtain to get what we had last year? We’ve both worked at this employer for 6-7 years – but only have 23 employees.
Hello,
I am currently only 4 weeks pregnant and I am due January 8th 2018. I’ve been working with my job for about 2 years but as a temp, in March I got hired on to the company. Technically I’ve been her 2 years but with the company by the time I go on leave on maternity leave it will be around 9 months. So what would I qualify for?
Hi Vanessa, your situation is nuanced and more complicated than most. I’m not sure I understand your question fully. Moreover, I can’t give any legal advice in the comment section of our website. But I can say that I believe it may depend on whether or not you were a dual employee of both companies, whether or not the law allows temp work to qualify under FMLA or CFRA (I’m not sure off the top of my head), and many other factors. I would recommend that you apply for your leave, and if the company denies it, then contact a lawyer for a real consultation.
Hi Nicole, I don’t fully understand your question as there is a lot of missing information. And I don’t give legal advice online. But I can say that FMLA/CFRA rights don’t apply to employers with less than 50 employees. BUT, disability discrimination and pregnancy discrimination laws do apply. So your situation will need to be examined by a lawyer if your leave is denied or if you get fired.
Hello there. There is a lot of missing information from your question, and I don’t understand it fully. Why does the employer “not provide maternity leave?” If that is a blanket policy, that would be unlawful (so long as the employer meets the requirements of FMLA/CFRA). I think you should contact a lawyer if your employer denies your request for maternity leave.
If you don’t meet the 12month, 1250hr, threshold, employers are not required to hold your job open for when you return. However, a lot of employers still allow employees to take maternity leave. You’ll have to request maternity leave and hope that they grant it. If they don’t grant it, it would be worth calling a lawyer for a consultation because there may be discriminatory reasons behind the denial.
Yes, these women do have job protection rights. The employer is not allowed to discriminate against her because she is pregnant. Its a weird/confusing mess for people to understand, but the employer can’t fire you because of your pregnancy, but they don’t have to hold your job open. Its a very gray area, so if you’re affected seriously, I recommend that you contact a lawyer for a consultation.
Contact a lawyer for a consultation. This is too complicated for a quick response.
Contact a lawyer for a consultation. I’m not sure off the top of my head, it may require some legal research.
How long the maternity leave start and last after having a baby?
I have currently worked for my company of 10 people for the past 1.5 years. I was told this week that my training class was cancelled because the owner of the company is not sure if I will be working after I have the baby. Does this qualify as discrimination? I feel that my employer would not do this to a male employee.
Hello
My six week leave is up and I should be returning to work soon. I worked at a temp agency and wanted to know if I have any job protection rights.
Can you explain what you mean or give an example of “workitng up 1250 hrs in the preceding year to qualify?” What time frame is it based on? I have worked for about a year now but only worked part time so I am afraid I don’t fully qualify.
hi i feel i am in a complicated situation. i am leaving my current job to a new one for certain things. but i am due in nov. and now i don’t know if i will qualify for any time off. i haven’t been at my current job for a year yet almost though. but at my new job i will not complete a year by the time i have the baby both jobs are considered part time as well that’s why i’m a little confused as to what i qualify for if anything.
Hi,
I am on H1B and working on a hourly rate as a Consultant in a company in San Francisco. My employer location is Santa Clara.
I have some doubts regarding my leaves. My expected delivery date is in September. As per California leave policies I am entitled to 6 weeks of leave post delivery which I feel is too less. Also my contract is ending on September. After my leave periods gets over I will have to look for new projects,may be with a different client.
Is there any way by which the leaves post delivery can be extended? Read about FMLA and Pregnancy Disability Leave in websites. But FMLA needs at least 50 employees directly employed under the employer which I doubt they have. PDL also needs doctor’s note stating that employee is unfit to join work.
What can I do in this case to extend my leaves? I want to keep my H1B status active. Not willing to convert to H4.
Thanks,
Anindita
Hello. I have 6 weeks left of bonding time in CA. However, I will be starting a different job at a different company. Will I still be entitled to that 6 weeks bonding time with this new company or will I lose it?
Hi! So, my employer is saying that I need to take FMLA while I take short term disability. They told me that short term disability is 10 weeks, and my doctor says I need to be off 4 weeks before my due date. Leaving me with 6 weeks. FMLA being 12 weeks, 10 of those would be gone due to the short term disability. Then I would only have 2 weeks of bonding time. A total of 12 weeks. My doctor says that I am allowed to take short term disability for 10 weeks and THEN 12 weeks FMLA. Which is true in this situation? Do I only get 12 weeks total or do I get 22 as my doctor said? Thanks so much in advance
I have worked for my company for almost 2 years. The company was recently sold with an acquisition date of 6/9/17. They are not letting any employees go and all benefits transfer, except, FMLA. They stated that any employee wishing to take short or long term leave has to use the start date of 6/9/17. I’m due in November 2017. It seems so unfair that because of this transfer of ownership, I’m not going to be eligible for FMLA, even though I’ve worked for the company for over 2 years. Do I have any rights to the leave I’ve earned?
I think you might. I would recommend that you contact an employment lawyer for a consultation.
Your doctor is right. PDL is distinct from FMLA. But contact a lawyer to get specific legal advice on point.
That depends, Shiela. Please watch the video above as it explains better than I can in a comment.
Any employer making an adverse employment decision on the basis of a protected category like sex (which includes pregnancy) is against CA law. That being said, you wouldn’t sue over that. Generally, it only makes sense to lawyer-up when the adverse employment action has tangible economic consequences for the employee. Moreover, an important question for you to answer is whether or not you are legally entitled to FLMA due to the size of the company. If they refuse your maternity leave request, I recommend that you consult with a lawyer.
It is literally about counting the number of hours you worked for the employer in the 12 months prior to the leave of absence request. 1250 is the magic number.
Hi,
I’ve worked for a startup for almost a year and was previously at another CA startup for several years before this one. Funding has been tight, and the founders decided to lay me off (I’m the only nontechnical employee) at the end of the month (6/30/17). I get one month of severance and three paid months of “maternity leave” which I’m gracious for. However, I’m not due until 8/30/17. Am I eligible for disability insurance and if so, can I apply for it four weeks before my due date? Or do I have to apply once my “maternity leave” pay ends at the end of October? I believe I can apply for PFL, but can’t do that until the baby arrives.
Thanks for your help! The company is small enough that there no one who really runs HR to ask.
I’m starting my maternity leave in a week. I thought everything was set with work but yesterday they told me they don’t have to legally hold my current shifts for me and they aren’t sure what my shifts will look like upon my return. I’m going out 4 weeks before my due date and planning on being out 12 weeks after. I have already set up childcare for my current work schedule. We don’t have an HR person in our office so I have nobody to ask about this. From what I’ve read on this site, ca website, and DOL website it sounds like they do actually have to hold my current shifts for me during the 4 months I’ll be out. Am I understanding this correctly?
Hi! I am 20 weeks pregnant and my employer knows about it. I’ve been working for them for 2 years and my employer pays 100% for my health insurance. However, my manager told me that when I leave for pregnancy to give birth, she told me that I should pay for my my health insurance which is about 2 to 3 months. Is this even legal? What are my rights for this since I will need my health insurance to give birth? Thanks!!
My company is headquartered in CA but I work in outside sales in another state. The company is offering zero maternity leave do you consider this discrimination to employees outside the state of CA?
If I work less than part time do I qualify for any baby bonding time?
I do not qualify for fmla, but I was wondering if I could still get bonding time? I work for the county of Los Angeles.
How long does an employer need to keep an employee after she comes back from maternity leave.
Hi Stacy. There is no hard and fast rule. In CA, almost all employment is at-will. So an employer can fire an employee the day they return. HOWEVER, if the employers motive for terminating the employee is discriminatory (i.e. because she will be burdened with caring for the child now and the boss doesn’t want employees with children) then that employer violates the law. That is pregnancy discrimination and you should view this page.
I’m a little confuse with maternity leave. I have a few questions.
1. Is true that you can get 4 weeks before your due date?
2. If you don’t get those 4 weeks before your due date can you use them for after birth?
3. How long is maternity leave?
Hello,
I already took my 6 weeks off after giving birth. I heard I can take 6 more weeks off before my baby turns 1. If I do take those 6 extra weeks off will I receive SDI?
Hello, I am currently pregnant and will be taking PDL in November 2017. My last pregnancy I had pos partum depression and wasn’t aware I could take more time for this. My question is, if I get diagnosed with postpartum depression this time around, do I still qualify for income replacement benefits?
I will be starting a new job August 21st. I’ve been on. Waitlist since march for this position I was not aware I was pregnant at the time of interviews but now as I am getting the offer I am 26 weeks. I’m a little scared of the information as far as if I’ll have my job when I get back or the ability to take maternity leave since I will be very new. Can you shed any like or information on that? I know I won’t get 6weeks paid leave from them but via state am I entitled to Any leave.
Hello, I was initially hired at my company to work full time, in office, but while I was pregnant, my company allowed me to move to part time per my request. I also supplied them with a doctor’s note to work from home (which was for a condition not related to my pregnancy). Now that I am returning, they’re saying that I have to work full time, in office again. Do they have the right to do that? Can I resign and file for unemployment since they basically gave me no choice?
I live in San Diego, CA and I found out I was pregnant about 8 weeks ago. About a week prior to that, I left my job to begin a new position as an independent contractor. I’m concerned now that since I won’t be paying in SDI from this point forward, I won’t receive any maternity benefits from the state. Is this correct even though I’ve been paying into SDI up until June 30th, 2017? My baby is due Feb. 14th, 2018. Since I will have paid into SDI within the prior year, is there any way to still receive benefits?
Are you referring to health insurance? If so, I was still responsible for them while on maternity leave and I was not getting paid so when I returned to work they took double payments until I got caught up which at times left me getting paid $150-$350 every two weeks for 8 months. You can opt to have them stopped prior to being on leave without pay status however, you won’t have medical coverage during that time.
I’m 4 months pregnant with a high risk pregnancy, I currently don’t have no more sick days available and I don’t know how maternity leave works, my doctor was going to put me in disability but I’m scared to get fired. I don’t know what to do?? I have my medical insurance thru my employer and I don’t want to loose those benefits what can I do???
Hello,
I just went back to work after my 12 weeks of maternity. 6 weeks disability and 6 weeks of bonding time. When I returned to work my position had been given to an other employee. But I was given a similar position with an other department. The department I was placed in is technically the same position but my take home pay is significantly less. I am paid by production and the department I have been moved to does not have near the same opportunity for porodiciton. Also some times I am given duties form the other department because the employee who was given my position can not keep up. Is there anything that has substantial argument for my position?
Thanks
My son was born 4 months ago and I’m just now returning to work. I requested part-time hours because of my child care situation. My boss told me that the full time hire who was replacing me while out has priority over the days I would like to work, is this right? Do I have to return full time in order to get scheduled? I’m in sales at a medical spa, and had been there for 2.5 years before I left in maternity.
Thank you for your time!
I am about 3 months pregnant and work full time at a small privately owned mechanic shop. I will not qualify for FMLA as there are only about 15 employees here. Is this my only option besides what my employer will grant me?
Hi,
I work Sunday thru Thursday at my job and I gave my supervisor dates on when I’ll be taking baby bonding. Some dates are here and there in the upcoming months and then during December I would be off the whole month and half of January. My assistant director said I can’t take Sundays off and the time I’ll be off all month December and January he has to think about it if I will be coming in only on Sundays to work. Can my assistant director do that???
Hi Gabriela. Generally no, managers cannot pick and choose when employees take their leave of absence. Its called intermittent leave.
Hi Karina, its best to call an employment lawyer.
I am planning on working up until I got into labor; therefore, I’m not signing up for the 4 weeks prior to birth paid family leave. Since I’m not going to sign up for paid leave until when my son is born, would I then file a claim with SDI or file a claim directly with FMLA?
I’m going to wait till I go into labor to take leave. Would I apply for SDI or PFL?
SDI is the same as PFL. So you would fill out the forms on the State of California’s website and you would get paid for 6 weeks of your maternity leave.
You would file the claim with SDI when your leave starts, I believe. You don’t file any claims with FMLA as FMLA is a law, not an administrative agency.
my employer is a large company based in the east coast and I am one of the very few employees based here in CA. my company offers 10 weeks of paid leave. Considering that there are NOT 50 other employees within my 75mile radius, do i still get the extra time? i have been paying CA SUI/SDI tax
Hello,
My due date is Sept 13th, and my last day of work is 08/24. I was told that I can have a total of 20 weeks off, AFTER the baby is born. Is this correct? I feel like everything I read states it would be 12 weeks. I am in CA
HELLO, I STARTED WORKING IN MY CURRENT JOB ON THE BEGINNING OF THE YEAR. I GOT HIRED BY AGENCY AND ON MARCH I GOT HIRED BY THE COMPANY. I FOUND OUT I WAS PREGNANT AND I LET THE MANAGER KNOW. he didnt have any problem with it but started acting a little diff, with me and started harrrasing me. His always asking me when will i leave and how long i will be out. when will i come back? etc…. i would like to know do i qualify for maternity leave? i work full time by the way…
I want to be able to breast feed my twins exclusively for at least 6 months. Without a Dr’s note extension I will be forced back to work at month 4. Pumping at work for the twins will be extremely difficult and time consuming as I am a public school teacher. I fear I will be unable to properly do my job and continue milk production for my twins. I view this impact as a complication and disability related to my pregnancy and am wondering if it is reasonable for me to request a doctors extension on my maternity leave here in California for the purpose of exclusive breastfeeding. The health and well being of my twins are drastically affected by loosing access to my breast milk before 6 months.
You’ll have to talk to your doctor about whether or not that would qualify as a disability.
Hi,
So 2 weeks after giving birth I got a letter from my employer saying I’ve been terminated from my job and they added a reason why. I went on disability at my 36 weeks and at 39 weeks at had my baby. I was going to take 6 weeks of disability after having her since I don’t qualify for baby bonding time. I’ve only been working there for 10 months so my question is can I be terminated while on disability? Because my employer had asked me if I was coming back and i said yes.
I highly recommend that you call an employment lawyer for a consultation as soon as possible.
What right to pay, if any, do government workers who do not pay into SDI have? Can a government employee elect to pay into SDI?
I gave birth in Dec 2016 and had my maternity leave plan approved in 2016. In addition to SDI and PFL, the company was providing 4 weeks parental leave 100% paid by the company. Because of the SF Paid Parental Leave Ordinance to become effective January 2017, I was told on February 2017 that for California employees only, they removed the 4 weeks parental leave given by the company. Can the company make changes to their policy after a maternity plan has been put in place, and is there any timeliness they need to abide by to notify the employees? (Specifically, one employee was told NOT to take the 4 weeks in 2016 and was told it would be better to take it in 2017).
I believe that CA Govt workers must pay into SDI, just like everyone else. I’m not aware of any difference in the law on this subject for Govt workers versus regular private employees.
That is a very good question. I believe employers have the right to change their policies and procedures whenever and however they want (so long as they conform to the law). Since the 4 week benefit that you mention is not a requirement of law, I don’t see anything wrong with the company removing it.
Hello,
Wanted to know if while you are on baby bonding can you and your little family, which includes the baby, dad, and mom go on vacation? This baby bonding time is toward the end of of the period when I can take it. I’m taking the last of the baby bonding time off, which is the last 6 weeks before my baby turns 1. Is vacation with your baby considered bonding with your baby???
If I have my baby and I want to go back to work do I get the exact same position?
Companies are supposed to hold the job open until the employee returns. If that is not possible, the company is supposed to return the female to a similar position of pay and responsibility.
Hello,
I am 24 weeks pregnant and currently a temp to hire employee. I have been with the company since June 19, so going on 3 months now. The term to hire is 6 months however, i am due in December which would be my 6th month term to hire. A week after i told my supervisor and staff i was expecting, they cut my hours because work was “slow” and since then have sent me home early on some days. Althought i am a temp, would i still be elible for maternity or disability leave if i dont meet the 12 months of employment or 1250 hours? If so, as a temp how soon can i take the leave?
Hi,
I have been with my company for 5.5 years and am in management. I am currently on leave ( fmla has expired so I am on an accommodation from my employer) my company pays a certain amount above my state disability pay. I have decided that it is best for our family for me to NOT go back to work. ( It doesn’t make financial sense for me to work due to child care costs.) my questions is , in CA how long do I have to go BACK to work in order to not have to pay back the money the company paid me during leave?!!?!? I have seen conflicted info online. Please help! Thank you
I assume that is a contract issue between you and the employer. So I would suspect that it would depend on the language of the company benefits agreement (if any). As far as I know, there is no direct law on this subject. The employer elected to pay you a certain amount above state disability pay as a benefit – so the issue is simply between you and the employer. But I highly recommend that you have a lawyer review before taking any action.
Hello,
I was told by my manager my department was getting laid off and my last day of work would be 9/16/17. My doctor gave me the approval to go on my leave before the last day of work, which was 9/11/17. I am a part time associate. Am I eligible for DI under the PDL? I filed a claim and turned in the necessary paper work to my HR manager. Though I haven’t heard anything on their end. When I came in they handed me an envelope with a paper that said I was discharged??? I later received a letter in the mail saying my leave was approved but only from 9/11/17 (the start of my leave) – 9/15/17 the day before my last date of work? I am very confused: I was told I was getting laid off, but I received a letter saying I was fired…and my leave only lasted 4 days
Hello, I would like to understand how maternity leave can possibly equal up to 7 months, and is your job protected during that time ? Can you provide an example of how the 7 months could get exhausted providing the law that applies each time. Thank you
Hi, I work remotely from my home in Northern California. The office I used to work in (prior to working remote, same employer) is located in Southern California…we do not have 50 employees within a 75 mile radius of my home. Do I still qualify for FMLA and CFRA. I meet all other requirements (i.e. worked full-time for employer nearly 5 years).
I work for a real estate agent on a part time basis and now that I’m in the final month of my pregnancy I’m going on disability because my doctor recommended I do so as the stress of my job was too much. It was ‘understood’ that I would be taking some time off, may come back, but told my boss that it just depended on how I felt after pregnancy because the job would probably be too demanding. In the meantime, my position had to be filled. In many ways I could be considered to be done, I may go back, or go back to work somewhere else, just wanted to evaluate my situation after the holiday as a first time mom. I applied for disability, but because my employer could technically make the argument that I quit upon my dr’s disability date, does that make me ineligible? Do you have to be actively employed somewhere to receive state disability? Again, I plan to work again, just not sure if it will be with my previous employer or with a company that would allow me to work from home. My employer received forms and was concerned because she didn’t want to pay, but disability is something that I pay into each month, correct? I thought maternity leave was where the employer had to pay, but I could be mistaken. Anyway, maybe you can help!
Hi can be fired from my job if I go to school part time while on maternity leave ?
Hello, if I previously worked Jan-March 2017 with an employer and paid into state disability taxes and then decided to leave the employer and am currently self-employed as a consultant, am I eligible for state maternity pay?
My doctor put me out on leave at 35 weeks. Can I file for PDL and not FMLA? or am I required by law to use both concurrently?
Hello,
I started my new job at a major Health Care HMO Hospital recently. I found out that I am 7 weeks pregnant and my due date will be about 10 months into my employment which means I am not eligible for FMLA.
Can this major company let me go since I’m not covered under FMLA? Should they allow me to take PTO and SDI without my job being at risk? Please let me know what your recommendation is.
Hello,
I would like to know how many months my job would be secured under the CA laws. I have worked for my company for 7 years. I mainly would like to know if the CA law overrides the Federal law for how many weeks your job is protected.
THank you!
If I take maternity leave and bonding time and was planing on returning to work but decided to stay at home do I have to pay back the maternity leave
I work for a family business with 4 full time employees and have been there full time for 18 months. No employee has ever taken disability leave before. Do I have any claim to PDL even though we are less than 5? What happens if I experience complications that make me unable to work during my pregnancy? Can I be terminated because this?
I want to take two weeks off from my baby bond but it was denied because I did not give my job a two week notice.. I gave them one week in half notice.. could they denied me?
I asked for Reasonable Accomodation during my last weeks of pregnancy to work home remotely when I obviously can because all the programs and sites I use for my job position is accessible on my laptop. I asked the CEO at my job if I can start working from home for the remainder of my pregnancy because It’s getting hard for me with driving with the 1 hour commute back n forth. This is a start up company and our CEO hasn’t completed renovating the office we work in so I also think the work environment is not accomodating as well. Also the bathrooms have no finished closed walls. So we are having to use the bathroom with no walls as privacy.
I’ve worked at a dance studio for two years but as an independent contractor. Do I have any right to maternity leave when my partner and I get pregnant?
Im just curious if it’s for 12 consecutive months or just 12 months period? I started my job in 8/2016. Worked up until 3/2017 I left for few months then came back in 6/2017 and have been working there since. So I’m worried may not qualify since wasn’t consecutively 12 months.
Hi. I’m starting a new job in a week. I’m 7 mos pregnant. The company I work for governs under California employments laws. By the time I have my baby I would have been with the company for only 3 months. However my concern is that when I take maternity leave, do I have the possibility of losing my position or being laid off while on leave? Would the situation be different if I worked from home?
I work for a company based in CA. I worked at the CA location for a year and then relocated to OR (Remote) not an office. I work from home and am paid under their CA pay code. I now pay OR taxes, though. Am I eligible for EDD thru CA at all?
I am 7 months pregnant, I asked our HR regarding maternity leave and they told me that I am entitled to maternity leave but without pay because I have not worked for the company for more then 5 Years. I have worked for this company about 4 years and now I am concerned.
I left for maternity leave in June with 64hours of vacation pay showing on my paycheck. Came back in December and it was all gone. I was never paid out for it. Can they just take it because I went on leave?
I have a question regarding maternity leave and working for a school. I am due to deliver over summer vacation. Would I get the 6 weeks off starting the day school starts back up or does my leave still start the day after delivery even though we aren’t in session and I’m not a 12 month employee?
I recently started my job a coca cola in august and then soon after had my first son in November, i have been baby bonding with my son for the fifth week now and now my job is just telling me that im denied because i havent worked with them for 12 months or the 1200 hours, i am really concerned because i was not told this at all, i was told if i have the baby bonding time i should be able to take the time off,i didnt know about any of this i am 21 and just trying to do right i was not told about any of that, mind you my son has been in and out of the doctors 6 times and hes not even 2 months yet, i need help
I don’t know the answer to that question. You would need to contact an employment lawyer to do some research on that. Without doing any research, my gut says that you would not be entitled to CA EDD pay during your leave.
Hello, I meet your requirements listed in your article (been with my employer for over a year as a full time employee). I went off work in Sept on Pregnancy Disability and delivered my child at early at 35 weeks in Oct. After having my child I am taking the 12 weeks off; 6 weeks paid and 6 weeks unpaid. I am due to return to work later this month. Since being off my husband and I have decided I will not return. Do I have to pay my work back my insurance premiums (the portion they paid)? I’ve heard of women going back to work for two weeks or even one day just to quit. I love my job, but I love being a mommy more. Thank you in advance.
Okay, i will be a mom within a month. I really cant afford to take off work but i want to spend as much time as i can with my unborn son. My husband and i are not from CA we are Florida residents we are stationed out here for another year. First time being pregnant, and my employer told me about CA paid leave. Does it effect me because i am not a resident or can i still file and get assistance?
I have question I am suffering badly from postpartum/ depression from my pregnancy which makes it difficult for me to handle situations at work. So then I feel sad and stressed to go to work. I feel more sick cause that. Is there anyway I can take time off for that? Or what can I do?
Hello,
I’ve just been informed that I will not have the option to work from home 2 days a week which makes a huge difference in daycare cost and availability. If I continue to work until my maternity leave and California PFL is over and quit while on Californai PFL, will i have to reimburse my company for anything?
If you are physically located in CA, I believe you can get benefits. I recommend that you call a lawyer for a consultation.
That depends. If your doctor qualifies you depression as a medical condition/disability there are various laws that permit you to take a leave of absence and your employer is required to hold your job open. But more information is needed to determine whether or not you qualify for those LOA laws.
Hi I thought last year there was a new bill in place in ca to raise the wage replacement from 55 to 70/80 is that not true?
Online it says 55 percent still.
I’m currently pregnant with my second child (7 months). I’ve already told my employer that I wouldn’t be able to return to the same hours after my second child is born due to the fact that I cannot afford daycare for two children; so I asked to change my hours to accommodate fot that (I work for a 24 hour facility). My employer stated, “We’ll cross that bridge when we get to it.” So I’m left with the uncertainty of whether or not I’ll have a job when I return from maternity leave and I’m only planning to take the standard 8 weeks after a c-section. Do I have any legal rights if I’m denied a job when I attempt to return?
I just wanted to thank you for making such a straightforward video explaining the different types of leave and how they’re related. It’s been difficult trying to step back and see the full picture until I found your breakdown. Very well done sir, thank you.
I’m currently on PDL. I was approved for 8 weeks due to a traumatic delivery and then my doctor extended it another 8 weeks due to continued complications for a total of 16 weeks PDL. I am eligible for CFRA leave. When I told my company I’d be taking this time, they said I’d already started it because it runs at the same time as PDL. I thought CFRA could not start until PDL ends? They said CFRA is the same as FMLA and therfore it overlaps. That’s not what I read before I went on leave but they told me I’m wrong. Your thoughts?
I’m in California and work for a California based company.
You are very welcome!
I am pregnant. My company is 50+. Do I get 6 weeks SDI + 6 weeks PFL? 55% of my wages during those 12 weeks? Or are they both the same 6 week period?
Hello , im here in a California because my husband is in the military. Im an Arizona Resident and i have not paid taxes to California with the Service Members Spouse relief act. Im 6 months pregnant. But ive been working for this company for – little over two years here in califonia. Do i still qualify for paid maternity leave?
I saw the video but im still confused. I went out on pregnancy disability in February and had my son in march. My edd claim says im due to work back on may 23. Im confused as in why im going back so soon. I just need help figuring out if im entitled to more time or is this correct by law. Please help he understand.
Hi,
When i go on maternity leave on 7/16/18 i will have worked at my job for 10 months. From since i have worked there until i go on maternity leave i will have worked 1,450 hours. Would i qualify for a paid maternity leave? I am just confused about how it will work out.
I am 7 weeks pregnant and about to start a new job am I eligible for maternity leave.
Hi I started job my company November 20th 2017and finished my probation period at February 20 2018 my dr. Give me paper I can’t work due to pregnancy and I stop working at March 3. And I gave a birth may 3rd 2018. After give a birth date I want to take 12 weeks off , can I?? If so do I need to get dr paper or just go to Human Resources with birth certificate??
I had a baby 8months ago had all my reported hour requirements. Never took any SDI worked before, during and after my delivery could I file now for my maternity leave even though I just got laid off.
Can an employer require repayment of wages and health insurance premiums paid during PFL if I decide not to return to work?
Hello, almost 3 years ago I went on maternity leave, came back after taking my 12 weeks plus a couple of weeks from my vacation bank to be home with the baby. However, due to shortage of workload, my position went from FT to PT. Am I qualify to apply for any supplemental wages? It’s been almost 3 years and I’m still with the company in the PT role, it is too late to get supplement wages, if qualify or exist in the CA wage law? Also, prior to my leave I had worked for the company 5+years FT. Thx!
Hi. I have a question. I work for a small company. And to be honest i work from home most of the time. My job is to do all office paper work. And schedule for 40 people.
Now im pregnat. I wonder if i have to take the maternity leave, or i just can do as i been doing and work from home and not take the leave. I really neef my full check and dont mine working during that time.
Since day one of my pregnancy I was told I was going to have a premature special care because due to my first born being premature. As soon as I told my boss I was pregnant he change the way of being with me acting really strange doing things behind my back, asking me when was I due..after he found out I was in a special premature care he considered closing the business. He made me bealive he was closing and all of suddent close the doors and turn in the keys to landlord. I have to take all the office’s files and work from home. I was getting paid but the business account had no funds and he stop paying me. I talked to him and he said not to worry. I trusted him..I ask many times what to do or what was the process to go to maternity leave. And I never had any help. My water broke and had a c-section due to breech baby. Few weeks After I had my baby, I was my boss working under someone else business yard behind my back. I felt really betrayed disappointed, I cried alot.. but I try my best to calm down because I was breastfeeding. I was able to talked to him and he promised to help, weeks passed and I was going crazy in my mind..have to many bills to pay. I decided to go to the EDD office to apply for unemployment. I was denied because they said I had to go to disability. He found out I apply and he contact me and promised to help. I feel he just brain washing me so I would not file a claim. He tells me all this stories about him and his business. He keeps changing his mind he still runs the business but in another address. I feel really stress and confused I don’t know what to do. After watching the video I lost my hopes because the company where I work only had two employees.
You do not have to take maternity leave. It is optional. The law is there to protect people who want too, but you don’t have too.
Hi. I am suffering postpartum and am currently still on disability. Will SDI stop paying me after a certain amount of time? I read that I get paid up to 10 weeks, but I just reached my 10 weeks and am not sure if I will continue to get benefits and can’t get anyone on the phone. Thanks so much.
I work for a preschool with 6 teachers and the owner. The owner told me today that she does not have to keep paying for my health insurance when i go out on maternity leave. is that accurate? i live in california.
I have lived and worked in San Diego for years. I’ve been at my current company for over a year and they have 30+ employees. I know qualify for CFRA and wage replacement through disability insurance as well as paid family leave but there is a small catch. My husband is military and is deploying before the baby is born so I was going to travel home, to Utah, right before the birth and have the baby there where my parents live. I have full intent to continue my job in California after my leave is up and my husband will be stationed there another year. Will having the baby in another state cause any eligibility issues? I would hope not since I will use the 4 weeks before I get off to travel to Utah.
I highly doubt that having the baby in another state will affect any eligibility issues.
I recently returned to work after having a baby. I filled and successfully received disability and bonding leave payments through the state of California. There were a number of things I disliked about California’s EDD program for new mothers but the thing that took the cake was that they didn’t allow you to complete the filing until 9 days after your family leave began and no more than 49 days. Figuring the EDD process out, reading the documents, and trying to recover from birth. It’s a very low point for new mothers and easy to see how many new mothers don’t end up filing for this benefit that they have right to. Who could I reach out to, to help change the California EDD process for new mothers?
I have an employee who has requested to take her 12 weeks unpaid leave as 1 week per month for a year after birth (after 6 weeks paid leave). This is not due to medical reasons. Must we accommodate this?
Hello. My question is about receiving payments from the State. I understand I can take up to 4 months off for disability due to pregnancy (inclusive of pre birth and after birth) in addition to 12 weeks for baby bonding for total of about 7 months. I took off about 3 weeks before birth and I had a C section so by default I would get paid by the State for 3 weeks and 8 weeks.
My question is whether the State will pay for the 7 months (assuming my doctor continues to find me disabled due to pregnancy related issues). What is the maximum number of months I can receive benefits from the State?
Also, whether my employer will continue my health benefits during these 7 months. I am under the impression that they have to only provide 12 weeks of insurance.
Thank you.
Hello, my son was born late Nov. I was disabled during the last two months of the pregnancy and had severe 24 hour pain until two months ago. I went Back to work in April even though I was in pain and suffering from PPD. I’m stil suffering from PPD. My employer is looking for heads to chop. I’ve been told that if I don’t work 60+ hours a week I will be laid off. And I may be laid off anyways. My last employee review was stellar. do I have any protection? (US citizen, CA resident). If my husband was employed I would look for a better employer. But right now I’m the only breadwinner and am providing insurance for my family.
Hi I’m currently 28 weeks pregnant and just got a doctors note for light duty work. I have the note to my manager and she sent me home telling me I have to go on leave of absence early because she couldn’t place me anywhere with the restrictions I have. I talked to employee health and they told me the same thing. I wasn’t planning on going on maternity leave until 2 more months. My question is can my employer have me go on leave earlier than I had planned? The doctor gave me restrictions but still allowed me to work so I’m confused on whether my employer can send me on leave or not.
Hello, my company paid me maternity leave of their for own 6 weeks starting when I gave birth August 19. Can I still apply and qualify for state disability to spend additional time with my baby?? I was told yes from my job but I am hearing otherwise from another employee since I did not have a “loss of wages”. P.S my job does not get FMLA unfortunately. Thank you
I’m not a lawyer so this is not legal advice it’s just common human decency. Let me get this straight. You worked there for 8 months and we’re on paid disability leave for 7.5 months? And you want to know your further rights? You sounds like a nightmare of an employee. Your poor employer, I would have fired you too. Common sense = you can’t take a year off without communicating a specific return date and expect an employer to dance around your bs. Small businesses can’t survive with. So many entitled a–holes
If your job duties require you to perform certain tasks, and its unreasonable to accommodate your restrictions, yes they can sen you home. But usually an employer can reasonably accommodate folks. You could try to connect your doctor with your manager to find a solution. See if you can get them both on the same page.
My wife will not be completing 1 year at her new employer by the time she starts Maternity leave. What leaves she is eligible for ?
Hello, my wife is currently 3 weeks into leave (after birth) she took 2 weeks (before birth). When she was first pregnant the doctor pulled her out of work for 10 weeks because of complications. She used SDI during that time. She just received and letter from her HR department stating that she has previously used 10 weeks, that she only can have another 7 1/2 weeks off. She stated that “since PDL and FMLA run concurrently, you only get 17 1/2 weeks off, since you used 10, it only leaves you with 7 1/2.
Hi Katie,
I am in the exact same situation now as you were earlier this year. Did you ever receive a response or find out what your options were? Thanks!
Hi so I started my job January 15, 2018. I am pregnant due December 28, 2018. But my family decided to move in December. Would I get paid maternity leave and not have to go back? Or would I have to go back to work for a while after in order to get paid
Hi, I am a teacher in California and I’m currently using my 12 weeks of FMLA time. Do holidays ( Labor Day/veteran’s day) count as part of the 12 weeks? I’m wondering if I get two extra days after the 12 calendar weeks since there are two non working holidays wirhin my 12 weeks of FMLA. Thank you!
California mommies I need your help…
I thought we were allowed 4 weeks before the baby is due (what is this called?)
Then 6-8 weeks once the baby is born??
Once that is done I thought we can take bonding time? (Up to 12 weeks???)
My doctor office put on my paperwork 8 weeks ONLY.
So I haven’t had the baby yet and my job already sent me a return date…
I need help, I feel like I’m being cheated out of my time.
PS. My job has been giving me a hard time from day 1.
While on maternity leave my employer decided to move the offices over an hour away (employees had no say, many are jumping ship). This change and commute is going to be unmanageable now that I have a child to pick up from daycare. Am I obligated to return to work for the employer after my maternity leave? Is there any responsibility for them to be able to provide “same similar job upon my return” with same expected commute? (wondering if I could use that to negotiate working remote a couple days a week).
I received a lay-off notice while 30 weeks pregnant. My official termination date is 1 week before my due date. Do I still qualify for SDI and paid family leave benefits? I would have qualified for both if I had not been laid off. Should I apply for SDI before my termination date?
Hi there, no there is no obligation to return to work for the employer after your maternity leave.
I’m out on pregnancy disability. I’ve worked for my very large company for 10 years. I’ve been gone for two weeks and a coworker took down all my personal belongings from my desk and packed them up, without letting me know or asking me. My desk was usable for others with my stuff there. Are they allowed to do this?
My California employer is under 50 employees and they do not offer any paid maternity leave but said I could maybe take up to 3 months off without losing my job. I have worked at the company for over 12 months + 1250 hours. What options do I have to get some of my salary covered by the government when I take maternity leave since my employer will be paying me nothing?
Hi, I am working with big firm. My baby born on 11/11/2018 and I started working from 01/14/2019 after my first 8 weeks of maternity leaves (c-section). Today 0n 01/29 I received termination notice (reason:realignment of resources) where I already informed my manager that I am going on bonding leave from 1st of March. I am not sure what to do? I am not in position to search new job. I am on VISA.
I haven’t worked 1250 hours but have a newborn. I live in CA. What can I do to take baby bonding?
When I became employed with a California company at the beginning of 2018 my offer letter stated that I would receive a bonus the following year for 10% of my salary. Shortly after I started I learned I was pregnant. When I received my bonus the months that I was on maternity leave were deducted from my check. Is this legal?
Watch my video on this page where I discuss Paid Family Leave from the State of California.
I’ve just received my return to work schedule for the end of my maternity leave. My hours have been cut in half and some of my duties delegated to others resulting in a pay decrease. I’ve worked there for two years full time. What can I do?
Hello, I was wondering how long you must return to work after family medical leave after having a baby so that I do not have to pay my medical insurance premiums back?
After giving birth through cs delivery, how many weeks is for the baby bonding?
The law is more complicated than you question presumes. Generally, FMLA allows 12 weeks of leave. However, if you become disabled as a result of your pregnancy, the employer may have to reasonably accommodate you. There is also Pregnancy Disability Leave. So there is not an exact answer to your question, but I recommend you watch the maternity leave video on this page for a better answer.
I actually have a question hope you are able to answer! If bonding time is not yet given due to me being depressed and still under treatment and my provider always takes more than 2 months to give me a straight answer what can I do about that?
Hi!
I moved to CA and will have had a part time job with a corporation for 5 months when my baby is born. I do not receive benefits, as most of the full time employees do, because I only work 30 hours a week. Am I entitled to any form of paid leave at all, being that I haven’t been here for 12 months nor have I worked 1250 hours? Thanks!
I haven’t been employed for 12 months. I have been paying SDI via paycheck in the past 9 months in California and make more than $27K pre-tax per quarter. Am I eligible for non-taxable $1252 weekly PDL for 4 months? Am I ALSO eligible for federal taxable $1252 weekly PFL for 6 weeks? I am planning to switch employer, so do not need to secure my current job.
I was pregnant and worked my very last day of pregnancy at work. I was getting the contractions there and everything. I went to the hospital and called the next morning that i had had my baby and I wasn’t able to go and they gave me three months off which I wasn’t happy about. Anyways I get back to my job and they come up with the BS that they are only going to give me four days of work and take away tree days off(when pregnant I had no days off) just becuz I was gone three months that they themselves gave me and they gave my working days to another worker becuz she was covering me all that time. Can she do that cuz that’s BS. And it has me sp upset that I worked until the last day and she can’t even appreciate my responsibility to my job and my hard work. I feel I’m being discriminated . I just want to know if she can do that
Is a federal government employee who works in California eligible for cfra?
Hello! I have a question and a concern. I have been with this company for about two years. I am about 17 weeks pregnant, I am a high risk pregnancy . I called in sick one morning as I was not feeling good. Called way two hours in advance. My manager called me back telling me “You can’t be callin sick just because your pregnant” and “You should just go on maternity leave now!” He made me feel so much worse. Can he tell me those things?
I worked with a company for a decade and was identified as an outstanding performed . I went on maternity leave and then took some additional days provided by the company for baby bonding . I was then called back early from that leave by a couple days and got laid off within two days – the same day that i was originally supposed to join. It has been a very traumatic time for me and my family . They have promised me a severance but it is not sufficient . I am not sure if this is legal ? Please can you give me any pointers ?
Hello,
My employer gave me 4 weeks of paid time off after the birth of my child. I applied for SDI to get payment for the remaining 2 weeks. They are providing me pay for the full 6 weeks for a vaginal birth. Is this correct? Isn’t this overpayment? I was able to talk to someone at SDI and they said paid time off doesn’t affect SDI payments and isn’t considered over payment but I am wary.
Hi VV, I recommend that you call an attorney as soon as possible. It is always extremely suspicious when an employer terminates a longtime employee while they are on maternity leave.
Yes, I believe so.
I worked for a company in California for 2 years. I moved to Texas in April and I was working in CA till March. I’m pregnant now, I’m eligible for California paid family leave program?
Probably not.
My doctor is planning on putting me on maternity leave 4 weeks prior to my due date, which is June 7, 2019. However my employer said I will need a doctor’s note stating my time off for maternity leave a month prior under FMLA laws, which is May 8th 2019.
If I don’t give them the note by the 8th they can grant me an extension of 7 days, until May 15th, but the company may or may not grant it. I’ve never heard of this and can’t find it anywhere under FMLA???
I’m still waiting on my doctor’s note and already missed the 1 month prior deadline. Can they deny my request to go on maternity leave 4 weeks prior bc I did not give them the note a month prior?
What if I was place on disability before hitting my 1200 hours since I was salary on the extra hours I worked didn’t count. Can I still received bonding time? I was placed on disability since oct of 2018 and had my baby 4 weeks early but is suppose to return to work after my 6 weeks. Can I still qualify for state bonding?
Hi,
I live in Cali and have worked for my employer for 3 years before I went on maternity leave (which I am currently in my first month of being in). Unfortunately my family and I have to move within the next two months and I am considering quitting my job now vs quitting my job towards the end of my maternity leave.
My question: if I quit now vs later, will my health benefits be affected? Will I have to pay for my delivery out of pocket or will my hospital stay (I haven’t had little one yet) be covered by insurance? If I do have to pay out of pocket, do you think I should just stay at my job for a little bit after my maternity leave expires?
Hi, I’m a new employee (2 months in) and will be having my first child within my first year of employment, so I dont qualify for many CA leaves. My employer does not provide SDI access either. Are there any paid leave programs that I still qualify for under these circumstances and limitations?
Hello,
My company got acquired while I was on a 12 week maternity leave. I signed a retention bonus agreement saying I would stay until 8/31 and a “job offer” letter when I went back 6/17. They also offered the same contract to the temp that was covering me. There was hardly any work for me because of it when I returned. After 3 weeks, I had a “best fit” or placement meeting where the only position they can consider me for is based in New York. Because they have plenty of other employees in other departments who work remotely, I’m trying to negotiate something; however, the temp that was covering me was told about the same position but she is willing to move to New York. I feel like I’m basically fighting against my temp for this job and have been thinking of how different the circumstance would be if I never went on maternity leave. Do I have any rights here to help fight for me job?
So it is kind of like, I can’t hold your job for you and I can’t fire you either. So they can give you another position equle to the one you had when you return back to work.
I lived and worked in California until September 2018, then moved to Washington, but continued working remotely for the same employer in California. I became pregnant in November 2018 and when I notified my employer they gave me all the maternity leave info showing for California showing me how much paid time I’m allowed. Throughout my entire pregnancy I was under the impression I was going to have paid FMLA through the California EDD. My due date is in 2.5 weeks and my doctor put me off on disability, so I notified my HR department and they told me they will send me the paper work this week and to apply for disability in the state that I live. So I tried researching how to do that and I am now seeing that Washington does not pay you while on maternity leave AT ALL, at least not until 2020. Should I be receiving Califonia benefits, since thats where I’m employed?
I am returning to work next week from maternity leave. My employer is only giving me one day a week of work.
Before maternity leave I worked 5-7 days a week, doubles and would even work a double and open the next day.
Is this ok for my employer to do, only give me one day a week?
Hi, I have a question
I went on maternity leave on April 15 2019 and filed for DI which got extended due to postpartum depression to Sept 5 according to
CA EDD. But my employer only approved through August 26 under FMLA. Dont I still have additional 12 weeks to bond with my baby under FMLA after my DI benefits are over ? My employer has me under FMLA already starting end of May reason why for them the 12weeks end on August 26 2019.
I’m so confused.
Karrissa,
That is a good question. The answer is that it depends. If your employer is doing this to you because they do not like that you started a family, were pregnant, or if they don’t believe a new Mom can do the job, then that would be pregnancy discrimination. That is against the law. But, if their justification is purely business related (and they can prove that) then it may be legal. The best option for you is to consult with an employment lawyer so he/she can look at all the facts.
Usually, these things are determined by the state where you reside in. So, you probably will not be afforded CA benefits if you now live in WA. But call a WA lawyer to see if I’m correct.
I work as a remote employee in CA (I’m the only remote employee in this state) I receive assignments and my boss is located at our Kentucky location(50+ employees) corporate is based out of NJ. HR states I will get 6-8 weeks for disability for pregnancy according to CA law and up to 13 weeks if I’m further disabled. I believe I should be guaranteed at least the 12 weeks based on Kentucky fmla.
If you are physically located and work here in CA, California law applies to you, not Kentucky law.
Hi!
I went on maternity leave in April and came back to work in the end of August. Prior to my leave I got hired in January of this year.
When I come back I noticed that there had been two new girls hired into my position and my hours had been cut in half. The other two girls had been given my hours and me and another girl who also were off on maternity leave got left with part time hours. So basically both of us went from a full time position to a part time position without any warning.
I confronted my manager and she said that at this moment they are trying to get the license for this other office they are trying to open, and that could take up to 2 months, so i’m gonna have to be part time until then… is this illegal? So basically going from 40-45hrs/week down to 16-20hrs/week.
They also took away my assigned parking spot and email while I was away.
What can I do?
Thank you. Can I qualify for fmla as a remote employee since my “home base” has a sufficient amount of employees?
If your home falls within the geographic range, probably, yes.
I have been at my company for almost 3 years now, I had my son 3 months ago and was on PDL for 6 weeks, then PFL an additional 6 weeks and then returned to work for two days and then decided to use my company’s additional 80 hours PTO parental leave. On my first day back from leave, my company announced a restructuring and changed my position so that I now report to a different department with different roles and responsibilities, is this legal? I know they have to return me to my previous job but if they wait until the day I return to announce the change does that save them from any legal ramification? My salary has remained the same.
Hi there, it is likely that this is legal. Companies don’t have to return you to the exact same situation that you left. They need some flexibility to change and adapt as time goes on. However, if they are doing this to retaliate against you for taking your leave of absence, the law might be broken. But unless you get fired, it usually isn’t worth filing a lawsuit over.
Hello,
I just returned from 14 weeks of disability/family bonding. Before I left I was promised a partially remote schedule when I returned. Less than a week before I returned I found out because of a reorg I was no longer under the boss that promised me this schedule. I talked to my new boss about accommodating my schedule, 2 weeks back and he is telling me I need to be on campus all 5 days a week. Do I have any rights to get the schedule I was promised before I left?
Unfortunately, probably not.
I am currently working on developing a maternity leave policy for my company which I have worked for for 3 years. In addition to state pay (SDI + PFL), I am proposing that the company pay the difference between my salary and the paid state leave, roughly 40%, in hopes of ultimately covering 100% of my salary for those 10-14 weeks. Are there any legal red flags to this proposal? Can you still collect State Disability and Paid Family leave, along with partial pay, as long as it doesn’t surpass your salary?
Additionally, if your maternity leave is “4 months,” regardless of state job protection qualification, does this count as written job protection from the company?
Hi I just wanna asking if I can file My maternity last September 13 and my due date is October 8. Because I never file anything. I was working 7 years . Then just found out yesterday that I am the one who file the maternity leave not them because I been waiting for almost 2 month never received any cents.
Hello, If you have lived in CA for 8 years but get a new job while pregnant in CA are you entitled to disability benefits? Or must you work for a company for 1 year to get them.
I have been at my company for 1.5 years (5 in total with a year break between) I currently work remotely in Texas and my company is located in California. I was just informed that I will not receive maternity leave because of Texas laws. Is this correct even though I have all other CA benefits with my job?
I’m not sure. You would have to ask the EDD – they administer California’s disability benefits.
You need to talk to a TX lawyer.
Hello,
Does CA protect your job for more than just the disability and FMLA after having a baby? I am wondering if I can take some more time besides the 12 weeks of bonding without pay.
It depends. Usually, to go beyond 12 weeks, you need to be “disabled” to get the benefits of Pregnancy Disability Leave or a “reasonable accommodation” under CA’s disability discrimination laws.
I have worked remotely on CA for a private university based out of state for the past 3 yrs. I am pregnant and plan to take my maternity leave in mid July which is 2 weeks before my due date. Am I eligible for CFRA and or PDL? There is only one other remote employee based here in California.
When does payment date start, when I apply or my last day I worked?
I have been with my company for 8 years at full time. I went on an LOA due to stress at work. During my time off I found out that I was pregnant and since then I have extremely I’ll causing me to stay off work longer. I have used up all my 12 weeks and my employer has canceled my health insurance. I was told in order to continue my insurance I must return to work at full duty with restrictions. I asked what if I returned to work and something happens during my pregnancy or when I give birth they told me my insurance would be canceled again. So they will not offer me maternity leave with health insurance. Is this legal
Hi,
Over the past year and a half or so I’ve been experiencing a hostile work environment. I’ve addressed it with my manager and his boss (our floor director) with the only result of retaliation. Long story short, some of my coworkers have been sending screen shots of health care related posts that bear no specifics to the hospital or patients or staff. And I’ve been harassed about it from my manager and just last night with a call from my director. I’m currently on vacation. I’m no manager but I hardly think it’s appropriate to call an employee off the clock while they’re on vacation to impede on their freedom of speech on their own private page. Anyway, I’ve also been sending formal requests within this time frame to move up my work schedule from the 1400 shift because I only get 4 hours of sleep with a toddler and as a result have gotten sick each month this winter from October through February. I worked the night shift for 3 years and never got half as sick as I did this winter. I’m currently almost 20 weeks pregnant and have been treated for the flu twice within my first trimester. All of those requests went unanswered until I finally got a letter from my midwife advising that I move shifts. My question is this… Am I able to request early leave from my midwife or OB because of the unnecessary emotional stress this has been causing me? My pregnancy thus far has been incredibly uncomfortable (compared to my son) though luckily uncomplicated other than my two bouts with the flu. Also, I’m an ER nurse and there’s the COVID-19 pandemic going around and the protective equipment ‘provided’ is questionable as the doctors and administration cannot come to a concensus about how to best protect the staff.
I have two jobs at hospital setting. One place I worked there almost 3 years and second job started on Jan 2020. When I do on maternity leave or early maternity disability, do I get my paid from both job or from one job only?
You should review my CFRA & FMLA webpages. You’ll find the answer there.
I am currently 36 weeks pregnant and just received a notice of termination from my job for maternity leave they said they fire me and then rehire me when my maternity leave is over. I received a (termination notice pursuant to provisions of section 1089 of the California insurance code) that’s whats titled on my form. The form has a section which says leave of absence which is the only part filled out. Does this mean I file for unemployment or disability. Since I technically no longer am employed and will receive my last check in the mail.
I have a fairly nuanced situation here. My wife is 36 weeks pregnant. Her company laid her off approx 4 weeks ago. She is currently on unemployment. Although her base salary was eliminated she is still making commissions at a negotiated rate. Her pay is being reported to EDD. Her future at this company is unkown. 50/50 at best. I have several questions:
1. Does she currently qualify for FMLA
2. If she does, can she collect while on on unemployment
3. if not, would she be able to go back on unemployment after FMLA
Hello I was placed out on disability back in the beginning of November 2019 At 20 weeks pregnant Due to a pregnancy related issue that could not be accommodated by my employer. I gave birth to my daughter on February 29th of this year. My initial return date has changed several times due to severe postpartum depression and anxiety my doctor continues to extend me due to the severity. My question is can they fire me for being out of work for an extended amount of time even with the appropriate documentation and letters to notify them? I have not had any issues thus far but HR told me Via email that after June 20th my leave is no longer protected and I have a Feeling they may try to move for dismissal of myself as an employee can they fire me for being out for so long due to pre and post pregnancy related health issues?
I am being laid off, with my last day of work 8/31/20. My due date is 9/19/20. Question 1: can they legally let me go earlier than the date of 8/31, which I have documented in writing via email? Even if I only give them a day’s notice that I’m leaving on disability, can they let me go the day I give notice? Question 2: If they can let me go before 8/31, and I am laid off the same day that my disability starts, will I still be considered employed when I file for disability? I could not find this information on the CA EDD website. Thank you for your help! I’m stressing out.
I will have my baby at my 11-month mark of unemployment and will not qualify for FMLA until the month after. I will hit my 1-year mark of employment during my 6 week of recovery. Will be able to take my 12 weeks of FMLA at that time? Or is it only if I had my child after my 12 month mark?
Thank you so much for the video! It answered all the questions I had after research and research online. Perfect break down.
My doctor gave me a PDL note for my HR. I’ve been working with the company for 3+ years and when the representative read it her response was “Why are you being put out for that long?” Anyway, I just had my baby 4 weeks ago and I’m going through a lot and that is why I’m not returning to work yet. I did though gave a consent to my doctors office to send over to my records to my disability case manager who’s yet to approve me. If I am denied then can I get a consultation? Please advise. Thank you
Hi,
I have a question on behalf of a friend who works at a real estate office as clerical staff.
If a person has been on unemployment during covid and then gets a job/ or goes back to the same job, do unemployment benefits deplete their ability to have pregnancy leave benefits in the same year period. So if she used up all of her unemployment benefits and then was pregnant upon return, can she still be eligible for pregnancy leave if you she has paid the $300 into the account? Or does she have to wait a certain amount of months to be eligible again for pregnancy disability benefits?
Yes, probably.
Hi, I work a full time job AND as an independent contractor (Real Estate Agent), am I still able to continue my really estate work while being on paid maternity leave from my full time job?
Thanks
I have a similar question. I have been clear to go back to work on 3/1/21 after my csection. I use to work 6:00am to 3:00pm M-F and now they are asking me to work for 2:00pm to 8:00pm M-F and 6:00am to1:00pm. I have told them this feel discriminatory for taking my disability leave for my maternity. Is this legal?
Hi, I was just recently let go for “no work” reason. I am 7 months pregnant. I been applying everywhere with no luck, even applied for unemployment and was denied…can I still get disability or maternity leave?
Hello,
I was with a company for about 2 years and due to pregnancy went on disability leave, I asked my company for my Leave of absence paperwork and it was never sent. Contacted them afterwards for my maternity leave paperwork and again I was ignored and told it would be sent by several office workers. After not receiving anything for a few weeks I needed income so I decided to just go back to work and they again said they would contact me later and never did. Do I have a case?
Hello, I went on maternity disability because of complicated pregnancy. After i delivered i took family leave. When i returned i realized because i no longer worked at a pediatric specialty site they changed my hourly pay without telling me. Is this illegal?
Hello, I am approved of my Pregnancy Disability Leave/FMLA on May 31, 2021. If everything goes great my end of disability would be August 9, 2021. I know that I qualify for CFRA leave. When I asked my employer if my PDL/FMLA interferes with my CFRA, they simply said we will see what you have later because they all run concurrently. After doing my research I know that I am entitled to the 12 weeks off for baby bonding starting August 9, 2021.
How do I guaranteed or tell my employer that CFRA does not run concurrently with PDL/FLMA. I am stressing out because I need to have an idea of what I am eligible to take off due to babysitting, etc.
Hi! I’m part-time faculty at a University, so I am hired with a new contract every semester. If I take next semester off for maternity leave and they do not offer me a contract the following semester, can I take legal action? Especially if there would be no other reason to not rehire me (i.e. I’m an excellent employee, no layoffs are happening, etc)?
Hi, I live in California. I did my maternity leave and my employer continued my insurance benefits while I’m on leave. I was also able to go back to my old position working 32hr/wk. However, I received a letter from my employer saying I will not get benefits for next year because my average working hours was not totaling 30hr/wk in the last 12 months and only employees who worked 30hrs/wk is eligible. I was on maternity leave for 6 months out of those 12 months so of course there are zero working hours on those period. And when I returned to work, I was working 32hr/wk which should make me eligible for benefits. Does my employer have the right to cut my benefits?
In California, can you start a new job for 5-6 months before maternity leave? If so, how long do you get and wage %?
Hello. My name is Danielle. I have a concern about my maternity leave. I got approved by my dr to take my leave from February 1st to April 28th. I called the LOA department they said my last day of maternity leave was March 22nd.
I’m back at work now. But my question is am I owed anything if my dr had a later date to come back to work then my maternity ending ?
My due date was the 19th of March but she was born the 1st of March
Hi, I work remotely in CA with a company in FL. I’ve been there FT over a year and will be giving birth around July. Are they not required to offer the CA 6 weeks since I’ve paid into it or how does that work if they’re out of state?
Tx!