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.

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.

2017 Pregnacy Discrimination Update

I originally posted this article on February 27, 2015. I’ve updated it several times. Its now 2017 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 2017, 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 2017 would affect the analysis of our office during your consultation.




Filed under FEHA, Pregnancy

81 Responses to Maternity Leave California

  1. Noor

    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


    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


    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


    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

    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

    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

    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


    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.


  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

    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


    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

    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?

  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


    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


    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

    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


    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

    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

    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

    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


    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.

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