Maternity Leave in California: Understanding the Duration and Benefits for New Parents

When expecting a child, one of the many things new parents in California wonder about is how much time they can take off work to bond with their newborn. California has several laws regarding the maternity and paternity leave that provide eligible employees with a lot of time to welcome their child while protecting their job. Here’s an overview of how long maternity leave in CA is and its benefits for new parents.

Pregnancy Disability Leave
Under the California Pregnancy Disability Leave law, pregnant employees are entitled to take up to 4 months of job-protected leave if they are disabled by the pregnancy, childbirth or a related medical condition. This can include leave for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and also recovery from childbirth.

Pregnancy disability leave generally provides many employees with full pay through accrued sick leave or vacation time or partial pay through California’s State Disability Insurance program. Job protection is guaranteed for the full 4 month duration regardless of how much you get paid, or any accrual status. Employees taking the pregnancy disability leave must be reinstated to the same or to a comparable position when they return from leave.

California Family Rights Act Leave

In addition to the pregnancy disability leave, the California Family Rights Act (CFRA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave to bond with a newborn baby within the first year of birth or placement for adoption or foster care. Mothers who were disabled by pregnancy and childbirth can take their full 12 weeks baby bonding leave under the CFRA after their 4 month pregnancy disability leave ends.

CFRA runs concurrently with the federal Family Medical Leave Act, so the total job-protected bonding leave new mothers can access in California is 12 weeks. Employees must have worked for their employer for at least 12 months and 1,250 hours in the year prior to the leave to qualify for the CFRA. Employers with at least 50 employees within 75 miles must comply.

Paid Family Leave

While CFRA leave itself is unpaid, most employees taking time off to bond with a new child can apply for benefits from California’s Paid Family Leave (PFL) program, which provides around 60 - 70 percent of wages (up to $1,300/week in 2019) for up to 6 weeks. Funding comes from the payroll deductions paid by the employees. PFL runs concurrently with the CFRA leave, allowing moms to receive partial pay for some of their time off.

Additional Benefits Some Employers Provide

More family-friendly employers in California may voluntarily provide the additional maternity leave benefits beyond what state law requires. Some companies offer the fully-paid or supplementary maternity leave for more than 4 months. Others allow a gradual return from the leave with reduced hours or more flexibility. Many tech companies and also startups are looking to recruit the top talent offer exceptionally generous extended paid leave benefits.

In summary, new moms in California can tap into around 34 weeks of total job-protected time off work - up to 4 months of pregnancy disability leave, up to 12 weeks baby bonding leave, and up to 6 weeks of paid family leave. The combination allows ample time for the physical recovery, adjusting to the life with the baby, and forming crucial early bonds.