California offers some of the most comprehensive maternity leave protections in the country. However, many employees are unaware of their rights—or worse, misled by employers who fail to comply with the law. If you are pregnant or have recently given birth, you may be entitled to job-protected leave, wage replacement, and accommodations during and after your pregnancy.
Understanding your rights under state and federal law can help ensure you receive the time, support, and security you deserve. Aryeh Leichter, the Los Angeles employment law attorney at Leichter Law Firm, APC, can help.
What Types of Maternity Leave Are Available in California?
Maternity leave in California is covered under a combination of laws that may apply depending on your job situation, length of employment, and employer size.
The main laws include:
- California Pregnancy Disability Leave (PDL)
- Available to employees disabled by pregnancy, childbirth, or related conditions.
- Up to 4 months (17.3 weeks) of job-protected leave.
- Available regardless of how long you’ve worked, if your employer has five or more employees.
- Can be used before or after childbirth, depending on your medical needs.
- California Family Rights Act (CFRA)
- Provides up to 12 weeks of job-protected leave.
- Covers bonding time with a newborn, adopted, or foster child.
- Available if you’ve worked for your employer for at least 12 months and logged 1,250 hours in the past year.
- Applies to employers with five or more employees.
CFRA leave can be taken in addition to PDL, meaning eligible employees may receive up to almost 7 months of protected leave.
- Paid Family Leave (PFL)
- Up to 8 weeks of partial wage replacement through California’s State Disability Insurance (SDI) program.
- Available for bonding with a new child within the first year of birth, adoption, or foster placement.
- Does not guarantee job protection, but can be used while on CFRA leave.
Are Employers Required to Accommodate Pregnancy?
Under California law, employers with five or more employees must provide reasonable accommodations for employees with pregnancy-related conditions.
This may include:
- Modified duties.
- More frequent breaks.
- Flexible scheduling.
- Temporary reassignment.
- Time off for medical appointments.
Employers are also prohibited from retaliating against employees who request accommodations or take protected leave.
What Happens to Your Job While You’re on Leave?
If you qualify for job-protected leave under PDL or CFRA, your employer is generally required to:
- Reinstated you to the same or a comparable position when your leave ends.
- Maintain your existing health benefits during the leave period.
- Avoid discrimination or retaliation based on pregnancy or maternity leave status.
If your employer refuses to reinstate you, reduces your pay, or treats you differently after your leave, you may have grounds for a legal claim.
What If Your Employer Violates Your Maternity Leave Rights?
Unfortunately, some employers ignore the law, deny leave, or retaliate against employees who assert their rights.
Common violations include:
- Firing or demoting an employee after announcing pregnancy.
- Refusing to provide PDL or CFRA leave.
- Pressuring employees to return early.
- Denying accommodations during pregnancy.
- Failing to maintain health benefits during leave.
If you’ve experienced any of these issues, speaking with a knowledgeable employment law attorney is essential.
Speak With a Los Angeles Employment Attorney About Your Maternity Leave Rights
Pregnancy should be a time of preparation and support, not stress about job security. If your employer has denied your leave, failed to accommodate your needs, or retaliated against you for asserting your rights, legal help is available.
Contact Aryeh Leichter, founder of Leichter Law Firm, APC, and employment law attorney in Los Angeles County, to discuss your situation and protect your workplace rights during and after pregnancy.