California Maternity Leave Laws

California maternity leave laws are regarded as some of the best laws within the United States because of the degree of protection they afford to working women and their spouses. The state’s maternity laws are supplemented by federal laws, notably the Family and Medical Leave Act of 1993, which also protects female employees who take maternity leave.

  1. California Pregnancy Disability Law

    • Under the California Pregnancy Disability Law, a female employee who is disabled as a result of pregnancy, childbirth or related medical condition can take up to 4 months off on maternity leave (unpaid). To qualify to take this leave, it must be obvious that the doing of an essential job by the pregnant female employee poses a risk of harm to her unborn child or herself. During the employee’s 4-month absence, her position is required to be held.

    California Family Rights Act

    • The California Family Rights Act (CFRA) of 1993 contains provisions concerning family care and medical leave. A female employee must have worked for the employer for not less than 12 months, and have accrued not fewer than 1,250 hours of physical time in the year preceding her request for leave. Also, the company must have at least 50 employees within 75 miles. Once all these conditions are met, a female employee is eligible to take up to 12 weeks off (unpaid) along with the pregnancy maternity leave. The rationale for the CFRA is to help parent-baby bonding after birth.

    California Paid Family Leave

    • Under California Paid Family Leave (PFL), which came into effect in 2004, a female employee can take up to 6 weeks of paid leave. It is the first piece of legislation enacted by a state in the United States to cover individuals who take paid leave. Unlike the CFRA, the PFL covers all employers, including those with fewer than 50 employees. Another difference between the CFRA and the PFL is that under the latter, there is no requirement that companies or businesses hold a position for an employee who has taken a paid leave. If a worker is covered by State Disability Insurance (SDI), she can still benefit from PFL insurance if she takes time off to look after a seriously ill child or others such as spouse and parent, “or to bond with a new child," according to the Employment Development Department. Apart from state and federal laws, female employees may benefit from family leave policies introduced by their employers.

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