California maternity leave may include CFRA bonding time, pregnancy disability leave, paid family leave, and job protection. This guide covers eligibility, pay options, breastfeeding rights, and steps when an employer denies leave.
By Brad Nakase, Attorney
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Maternity leave is the period of time taken off from employment to provide support to a new baby. Many pregnant women in California have a legal right to take time off work without worrying about losing their jobs, and some of these women can even get paid while they are on maternity leave.
In California, businesses must continue to provide health insurance coverage and allow you to come back to the same (or similar) employment, even though leave for pregnancy is not required to be paid. Additionally, the state’s PFL (Paid Family Leave) program may allow you to receive partial reimbursement for eight of your twelve weeks of maternity leave.
Keep in mind that new fathers in California are subject to the same regulations.
Additionally, expectant mothers who are unable to work due to conditions related to pregnancy or childbirth may be eligible for a maximum of four months of PDL (pregnancy disability leave). It is unpaid. Additionally, you can qualify for “reasonable accommodation leave” for the duration of your handicap if you require extra time off because of a qualifying disability.
This article explores these rights in greater detail, as well as other laws that protect California workers’ maternity leave.
Employees often wonder how long maternity leave is in California under state law.
An employee has a right to a maximum of twelve weeks of family leave (unpaid) annually pursuant to the California Family Rights Act (CFRA).
Conditions:
One year following the child’s arrival, family leave may be taken in installments. Employers may, however, mandate that just two of those increments be shorter than two weeks.
Following the End of Maternity Leave
Even if another person filled in your vacancy or the position was reorganized, you are required to return to your same or comparable employment after your family leave expires.
All of the things that follow must be comparable to your previous position if you get a new position after taking a leave of absence:
Employers have to provide you with a fair chance to complete any necessary training.
Although many opt to, California companies are not required to provide paid maternity leave. All employers need to do is maintain their medical coverage and keep their position open for the return. However, a large number of our clients qualify for financial assistance via the state’s Paid Family Leave (PFL) program.
You can be eligible for eight weeks of half pay under PFL to spend time bonding with a new kid (often known as “bonding leave”). As of 2025, employees who make less than $63,000 annually would get up to 90 percent of their earnings; otherwise, they would receive as much as 70% of their earnings, with a maximum of $1,681 a week.
Alternative Methods of Maternity Leave Payment
State law provides protections that affect how long maternity leave is in California.
Several of our clients are employed by California-based businesses that have guidelines outlining the process for requesting maternity leave. Certain requests need to be in writing. Oral requests are accepted at other establishments.
Your boss deserves a fair amount of notice. 30 days in advance is acceptable. Inform them as soon as feasible if an emergency medical situation occurs (an early birth or C-section).
You ought to indicate how much time you will require. You might need to present a note from a healthcare professional to qualify for Paid Family Leave.
In California, taking family leave could result in your termination or demotion if:
Otherwise, it would be discriminatory to fire/demote you. It will be a breach of your leave rights.
Individuals who work for their spouses, parents, or children are not protected by California’s anti-discrimination legislation. Independent contractors aren’t eligible for paid time off as well.
When you resume work in California, the company is required to allow you a regular period to pump breast milk. Your employer is not required to compensate you if you pump beyond your regular break periods.
Additionally, you need to be given a pumping area that is:
Try to settle the issue internally, like by talking with the manager, if your company in California refuses to grant you maternity time or is breaking the law in some other way.
You must file a complaint with California’s CRD (Civil Rights Department) if it doesn’t work. You will get one to three years from the date of the purported infraction to submit this complaint. Exact timelines will depend on the circumstances.
The CRD will provide you with the right-to-sue document if it is unable to settle the disagreement. We won’t be able to formally sue the business until after that. A few common remedies pursued in a maternity leave lawsuit:
PDL is available for up to four months.
Conditions:
Pregnancy leave is available to both long-term and newly employed employees, as well as full-time and part-time employees. You can also take incremental time off.
Be aware that taking PDL could result in your termination or demotion from a company with fewer than five employees. PDL is never necessary for some religious nonprofits.
Qualifying Conditions
If your doctor determines that you are unable to perform a necessary work function, you are considered disabled. Typical disabilities that qualify for PDL are:
California’s pregnancy disability leave rules also protect pregnant employees who identify as transgender males or non-binary individuals.
The majority of our clients are eligible for PDL by the 36th week (around 4 weeks) of pregnancy.
Except if there is a valid business cause (like widespread layoffs), you must return to your previous or comparable position when PDL concludes. You can ask for a written copy of this guarantee.
State disability benefits can impact how long maternity leave is in California for certain employees.
In California, this is time off for employees with disabilities to recuperate from and receive treatment for:
Requirements
In addition to family leave and PDL, you are entitled to reasonable accommodation leave if you satisfy the eligibility requirements. Depending on your employer, this leave may be unpaid or paid.
According to state legislation, courts have ruled that reasonable accommodation leave ought to be granted as a last resort.
Pregnancy prejudice takes different forms.
An employee does not require legal representation if they wish to file a lawsuit against their employer. But generally speaking, owning one is a wise decision. It is important to understand how long maternity leave is in California if you are expecting a baby.
Relatively few circumstances are straightforward because of the intrinsic intricacy of the law. Even in cases when there is strong evidence, a knowledgeable employment law attorney can help by:
Naturally, there is no certainty that a lawyer will be able to accomplish these objectives. Employees run the risk of losing or seriously harming their case when they attempt to settle legal disputes without legal counsel. This is due to the fact that a lawyer could steer clear of the dangers that an employee might run into.
Employers often contest employee claims; in these situations, evidence and legal arguments may be necessary. The procedures required can be quite complicated. They could occur in a courthouse or with a governmental authority. Hire a lawyer who has experience with these kinds of cases.
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