Maternity Leave California

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 (FMLA, CFRA, 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?

Maternity Leave CaliforniaNo, 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.

2018 Pregnacy Discrimination Update

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I originally posted this article on February 27, 2015. I’ve updated it several times. Its now 2018 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 2018, 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 2018 would affect the analysis of our office during your consultation.

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136 Comments

Filed under FEHA, Pregnancy

136 Responses to Maternity Leave California

  1. Noor

    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.

  2. BraniganRobertson

    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.

  3. J

    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.

  4. YaniraGonzalez

    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?

  5. Sara Lewis

    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?

  6. Lea

    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.

  7. Julie kim

    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!

  8. Nicole

    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.

  9. Vanessa

    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?

  10. BraniganRobertson

    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.

  11. BraniganRobertson

    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.

  12. BraniganRobertson

    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.

  13. BraniganRobertson

    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.

  14. BraniganRobertson

    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.

  15. BraniganRobertson

    Contact a lawyer for a consultation. This is too complicated for a quick response.

  16. BraniganRobertson

    Contact a lawyer for a consultation. I’m not sure off the top of my head, it may require some legal research.

  17. Shiela pareja

    How long the maternity leave start and last after having a baby?

  18. Stacey

    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.

  19. Toya

    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.

  20. Candice Castro

    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.

  21. ariana

    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.

  22. Anindita

    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

  23. Leada

    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?

  24. Alison

    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

  25. Christina Freeman

    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?

  26. BraniganRobertson

    I think you might. I would recommend that you contact an employment lawyer for a consultation.

  27. BraniganRobertson

    Your doctor is right. PDL is distinct from FMLA. But contact a lawyer to get specific legal advice on point.

  28. BraniganRobertson

    That depends, Shiela. Please watch the video above as it explains better than I can in a comment.

  29. BraniganRobertson

    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.

  30. BraniganRobertson

    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.

  31. Jami

    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.

  32. Ambur

    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?

  33. Kim

    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!!

  34. 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?

  35. Tina

    If I work less than part time do I qualify for any baby bonding time?

  36. Erika

    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.

  37. Stacy

    How long does an employer need to keep an employee after she comes back from maternity leave.

  38. BraniganRobertson

    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.

  39. rosalina

    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?

  40. Itzayana

    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?

  41. Rose

    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?

  42. Ambar Barrera

    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.

  43. Erica

    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?

  44. Jade

    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?

  45. 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.

  46. Karina Garcia

    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???

  47. Shea

    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

  48. Traci

    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!

  49. Larissa Freedberg

    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?

  50. Gabriela Madera

    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???

  51. BraniganRobertson

    Hi Gabriela. Generally no, managers cannot pick and choose when employees take their leave of absence. Its called intermittent leave.

  52. BraniganRobertson

    Hi Karina, its best to call an employment lawyer.

  53. Jenna

    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?

  54. Jenna

    I’m going to wait till I go into labor to take leave. Would I apply for SDI or PFL?

  55. BraniganRobertson

    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.

  56. BraniganRobertson

    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.

  57. G Al

    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

  58. Rosa Cigarroa

    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

  59. jasmine

    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…

  60. Sabina Cazadd

    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.

  61. BraniganRobertson

    You’ll have to talk to your doctor about whether or not that would qualify as a disability.

  62. Christina

    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.

  63. BraniganRobertson

    I highly recommend that you call an employment lawyer for a consultation as soon as possible.

  64. Ashley

    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?

  65. LC

    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).

  66. BraniganRobertson

    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.

  67. BraniganRobertson

    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.

  68. Gabriela Madera

    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???

  69. Mel

    If I have my baby and I want to go back to work do I get the exact same position?

  70. BraniganRobertson

    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.

  71. Leslie

    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?

  72. Kimberly

    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

  73. BraniganRobertson

    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.

  74. Krystal

    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

  75. Priscilla Deker

    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

  76. Debbie

    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).

  77. Amanda

    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!

  78. Margarita Rubie

    Hi can be fired from my job if I go to school part time while on maternity leave ?

  79. C

    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?

  80. Diane Lee

    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?

  81. Emily Lee

    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.

  82. Juliana

    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!

  83. Brenda

    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

  84. Maria

    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?

  85. Ebie

    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?

  86. Rachel

    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.

  87. Jordan

    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?

  88. Bianka

    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.

  89. Negan

    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?

  90. Katie

    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?

  91. Zaira

    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.

  92. Tiffany Lawrence

    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?

  93. Brittany

    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?

  94. Conner Hammersley

    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

  95. BraniganRobertson

    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.

  96. Lisa

    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.

  97. Kirsten

    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?

  98. April

    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?

  99. Katie Truong

    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?

  100. BraniganRobertson

    If you are physically located in CA, I believe you can get benefits. I recommend that you call a lawyer for a consultation.

  101. BraniganRobertson

    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.

  102. Chelsey Portillo

    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.

  103. Melissa

    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?

  104. Devon C

    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.

  105. Allis

    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.

  106. BraniganRobertson

    You are very welcome!

  107. Kait

    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?

  108. Joyceline Lopez

    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?

  109. Vicky

    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.

  110. Cierra P

    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.

  111. Marle

    I am 7 weeks pregnant and about to start a new job am I eligible for maternity leave.

  112. Puja

    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??

  113. 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.

  114. P L

    Can an employer require repayment of wages and health insurance premiums paid during PFL if I decide not to return to work?

  115. Thi

    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!

  116. Evelyn vega

    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.

  117. Monica A. Santillan

    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.

  118. BraniganRobertson

    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.

  119. Sarah

    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.

  120. Janet Ronstad

    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.

  121. Danyia Sargent

    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.

  122. BraniganRobertson

    I highly doubt that having the baby in another state will affect any eligibility issues.

  123. Ericka

    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?

  124. Elaine Baden

    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?

  125. Jenna Fas

    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.

  126. Lynn

    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.

  127. Alejandra

    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.

  128. Estefany Tabares

    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

  129. Plant

    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

  130. BraniganRobertson

    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.

  131. NITIN JADHAV

    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 ?

  132. Chris

    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.

  133. Darlene

    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!

  134. Giselle

    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

  135. Brooke Smith

    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!

  136. Emily Flores

    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.

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