The Four Flavors of Maternity Leave in California

In California, there are four different types of employment-protected leave that an employee may qualify for during and after their pregnancy, most of which can be taken consecutively. Although employers are not required to pay their employees during these leaves, most California employees are likely to qualify to receive California state disability insurance payments during at least some of their leave.

Here’s what you need to know about each of the four types of employment-protected maternity leave in the state. Note that the baby bonding-related leaves are available for other parents as well. In all cases, after the leave, the employee is entitled to be reinstated to the same job or a comparable job, notwithstanding layoffs.

• Which employers must comply with this law? Applies to California employers with five or more employees.
• Which pregnant employees qualify for this leave? Any pregnant employee (including recent hires and part-time employees) of a covered employer who has a disability-related to her pregnancy or the birth of her child.
  Although pregnancy itself is not considered a disability, pregnancy-related complications can cause the employee to temporarily become legally disabled. This means that, in the opinion of her doctor, she cannot perform one or more of the essential functions of her job because of her pregnancy. Severe morning sickness, the need for bed rest, and gestational diabetes are all common causes of pregnancy-related disability.
• How much time off must be given? Up to four months.
• Does the leave have to be taken all at once? No.
• Can you require the employee to use available sick leave during this leave? Yes.
• Can you require the employee to use available vacation or paid time off during this leave? No, although employees are entitled to use their available vacation or paid time off if they so desire.
• Do you have to continue the employee’s benefits while she is on leave? Yes. If you normally pay for group health benefits, you must continue to pay for this during all four months of Pregnancy Disability Leave.
• Can you force an employee to take this leave? No. If an employee chooses to continue to work you must make reasonable accommodations as necessary.

• Which employers must comply with this law? Applies to employers with at least 50 employees located within a 75-mile radius of the employee’s worksite.
• Which pregnant employees qualify for this leave? Any pregnant employee of a covered employer who has worked for their employer for at least one year, including at least 1,250 hours of service in the past year. FMLA Leave can also be used to care for a child (such as the newborn once it arrives) who suffers from a serious health condition.
• How much time off must be given? Up to 12 weeks within one year of the child’s birth, adoption or start of foster care OR because of a serious pregnancy-related medical condition. In the latter case, this leave will run concurrently with Pregnancy Disability Leave.
• Does the leave have to be taken all at once? Maybe. The employee is entitled to intermittent leave if she or her child has a serious health condition related to the pregnancy.
• Can you require the employee to use available sick leave during this leave? Yes.
• Can you require the employee to use available vacation or paid time off during this leave? Yes.
• Do you have to continue the employee’s benefits during the leave? Yes. If you normally pay for group health benefits, you must continue to pay for this during FMLA Leave.
• Can you force an employee to take this leave? No.

• Which employers must comply with this law? Applies to California employers with at least 50 employees located within a 75-mile radius of the employee’s worksite.
• Which pregnant employees qualify for this leave? Does not apply to pregnancy, as the CFRA does not classify pregnancy as a “serious health condition.” However, can be used for the purpose of bonding with the baby after the birth, or caring for a baby who suffers from a serious health condition.Any employee of a covered employer who becomes the parent of a child through birth or adoption, or the start of foster care, is eligible if they have worked for their employer for more than 12 months, including at least 1,250 hours in the preceding year.
• How much time off must be given? Up to 12 weeks of family care and medical leave may be taken in any given 12-month period. In this situation, it must be taken within one year of the child’s birth, adoption or the start of foster care.
  This leave always runs after any Pregnancy Disability Leave and may run after the FMLA Leave, but concurrently with
  California’s Paid Family Leave benefits. For more information about California’s Paid Family Leave benefits, see http://bit.ly/PFL-info.
• Does the leave have to be taken all at once? No. Bonding leave can be taken in separate two-week blocks, as long as it is still within one year of the birth.
• Can you require the employee to use available sick leave during this leave? Yes.
• Can you require the employee to use available vacation or paid time off during this leave? Yes.
• Do you have to continue the employee’s benefits while they’re on leave? Yes. If you normally pay for group health benefits, you must continue to pay for this during CFRA Leave.
• Can you force an employee to take this leave? No.

• Which employers must comply with this law? California employers that have at least 20 but less than 50 employees located within a 75-mile radius of the employee’s worksite.
• Which pregnant employees qualify for this leave? Does not apply to pregnancy. This leave is meant for bonding with a child after the birth or adoption or start of foster care.Any employee who becomes the parent of a child through birth or adoption, or the start of foster care, is eligible if they are the employee of a covered employer and they have worked for their employer for more than 12 months, including at least 1,250 hours in the preceding year.
• How much time off must be given? Up to 12 weeks of leave.
  This leave runs concurrently with California’s Paid Family Leave benefits, but after any Pregnancy Disability Leave.

Even after an employee has exhausted all other forms of maternity-related leave, if their pregnancy-related disability continues, then you may be required to provide additional leave as a “reasonable accommodation” for their condition.

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