Pregnancy, Maternity, and Paternity Leave
Understanding California laws for Moms and Dads, Pregnancy Leave, Maternity Leave, and Paternity Leave
Welcoming a new baby into your life is an incredibly exciting time, and California’s pregnancy leave laws are designed to support both moms and dads during this special period. Understanding your rights can help you make the most of this time with your growing family. Let’s dive into the details so you can feel confident about what you’re entitled to and how to plan for your family’s needs.
Pregnancy Disability Leave (PDL) for Moms
For expectant mothers, California’s Pregnancy Disability Leave (PDL) is a key benefit. PDL allows moms to take up to four months (or 17.3 weeks) of job-protected leave if they’re unable to work due to pregnancy, childbirth, or related medical conditions. This isn’t just for serious complications; it also covers common issues like severe morning sickness, doctor-ordered bed rest, childbirth recovery, and even prenatal and postnatal care.
How It Works:
Who’s Eligible: PDL applies to all women working for an employer with five or more employees. There’s no minimum amount of time you need to have worked at your job to qualify.
How Much Leave You Get: You can take up to four months, which is calculated based on the number of hours you usually work each week. For example, if you work 40 hours a week, you can take up to 693 hours of leave.
Paid or Unpaid?: PDL itself is unpaid, but you might be eligible for wage replacement through California’s State Disability Insurance (SDI) program. SDI generally pays 60-70% of your wages while you’re on leave, depending on your income.
Job Protection: Your job is protected under PDL, meaning your employer must hold your position or a comparable one until you return.
PDL is designed to be flexible, so you can use it all at once or intermittently as needed. For instance, if you need to reduce your work hours due to pregnancy-related fatigue, you can use PDL to cover the difference.
California Family Rights Act (CFRA) for Moms and Dads
After PDL ends, moms can transition into leave under the California Family Rights Act (CFRA), which also covers dads. CFRA gives both parents the right to take up to 12 weeks of unpaid, job-protected leave to bond with their newborn, newly adopted child, or newly placed foster child.
How It Works:
Who’s Eligible: CFRA applies to both moms and dads working for an employer with 5 or more employees. To be eligible, you need to have worked for your employer for at least 12 months and have logged at least 1,250 hours in the past year.
How Much Leave You Get: CFRA provides up to 12 weeks of leave. Importantly, this leave is per parent, so both mom and dad can each take their own 12 weeks.
Paid or Unpaid?: Like PDL, CFRA leave is unpaid, but you can use accrued vacation time, sick leave, or other paid time off (PTO) to cover it. Additionally, you may be eligible for California’s Paid Family Leave (PFL) program, which provides up to 8 weeks of wage replacement during CFRA leave.
Job Protection: CFRA is job-protected, so your employer must return you to your same position or a comparable one when you return.
One of the great things about CFRA is that it allows both parents to take time off, either together or separately, within the first year of their child’s birth, adoption, or foster placement. This flexibility can be a game-changer for families.
Paid Family Leave (PFL) for Moms and Dads
While CFRA and PDL provide the time off, California’s Paid Family Leave (PFL) helps ease the financial burden by offering up to 8 weeks of partial wage replacement for parents bonding with a new child. This benefit is available to both moms and dads.
How It Works:
Who’s Eligible: If you’ve paid into State Disability Insurance (SDI), which most employees do, you’re eligible for PFL.
How Much Leave You Get: PFL provides up to 8 weeks of benefits, which can be taken all at once or split up as needed.
Paid or Unpaid?: PFL is paid! It typically covers 60-70% of your wages, depending on your income level.
Job Protection: While PFL provides income, it doesn’t offer job protection on its own. However, if you’re also taking CFRA leave, your job is protected during that time.
PFL is a fantastic resource that helps ensure you can focus on your new baby without worrying about financial strain. And since it’s available to both parents, it can make a big difference in how you and your partner navigate those first precious months.
Combining PDL, CFRA, and PFL for Moms
For moms, the best part is that these benefits can be combined. Here’s how it might look:
Pregnancy Disability Leave (PDL): Take up to 4 months (around 17.3 weeks) off during and after your pregnancy. During this time, you may receive SDI benefits to cover a portion of your wages.
California Family Rights Act (CFRA): After PDL, transition to CFRA leave for bonding with your baby, giving you an additional 12 weeks off. You can use PFL during this time to receive partial wage replacement.
In total, this means you could potentially take nearly 7 months off (combining PDL and CFRA) with a portion of that time being paid through SDI and PFL.
Special Considerations for Dads
While dads aren’t eligible for PDL, they can still take advantage of CFRA and PFL. Dads can use their 12 weeks of CFRA leave anytime within the first year after their child is born, adopted, or placed in foster care. This leave can be taken consecutively or intermittently, depending on what works best for your family. And don’t forget about the 8 weeks of PFL benefits, which can help cover a significant portion of your wages during your bonding time.
Other Leave Options
In addition to PDL, CFRA, and PFL, there are a few other leave options that might be available to you depending on your situation:
Sick Leave: You can use any accrued sick leave to cover time off related to pregnancy or bonding with your baby.
Vacation Time: If you have vacation days saved up, you can use them during your CFRA leave to ensure you continue receiving full pay.
FMLA: The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for new parents. If you qualify, FMLA runs concurrently with CFRA, so it doesn’t extend your time off but adds an extra layer of job protection.
How to Request Pregnancy Leave, Maternity Leave, or Paternity Leave
When you’re ready to request leave, it’s important to give your employer as much notice as possible—30 days is standard if you can plan ahead. You’ll need to provide a doctor’s note if you’re requesting PDL, and for CFRA leave, a simple written request should suffice. Make sure to ask your HR department about how to apply for SDI and PFL benefits as well, so you don’t miss out on any financial assistance.
Wrapping Up
Navigating California’s pregnancy leave laws might seem overwhelming at first, but understanding your rights and options can make the process much smoother. Whether you’re a mom preparing for PDL, a dad planning to take CFRA leave, or a couple figuring out how to maximize your time with your new baby, California has designed these laws to support you during this joyful time.
So go ahead, embrace the excitement of this new chapter, knowing that you’ve got the legal backing to take the time you need to bond with your little one. After all, these moments are precious, and you deserve to enjoy them without the worry of work-related stress…and if your employer retaliates, let John evaluate your case for free with our case evaluation form.