Under Federal and California law both male and female employees are offered a menu of different types of leave they can take (depending on certain eligibility factors) to tend to family, medical, pregnancy, and their newborn’s needs. You will notice that the types of family/medical leave available fall in two categories: paid non-job protected leave vs. unpaid job protected leave. Depending on your eligibility, these two categories of laws overlap to enable qualifying employees like you to take paid, job protected leave.
Overview of California Laws Regarding Pregnancy/Maternity Leave:
California Family Rights Act (“CA FRA”) Leave:
Under the CA FRA, a male or a female employee can take up to 12 weeks of unpaid, but job-protected leave for the following reasons:
- To care for a child, parent, or spouse due to a serious health condition
- To bond with a child after the birth, adoption, or fostering
- To take care for your own serious health condition.
- CFRA Leave, however, cannot be used for pregnancy-related or child-birth related disabilities. See California Family Medical Leave below instead.
The CFRA only applies to employers who have 50 or more employees.
Federal Family Medical Act (“FML”) Leave:
Under the FML, a male or a female employee can take up to 12 weeks of unpaid, but job-protected leave for the following reasons:
- To care for a child, parent, or spouse due to a serious health condition
- To bond with a child after the birth, adoption, or fostering
- To take care for your own serious health condition.
- Unlike the CFRA, the FML applies to pregnancy-related or child-birth related disabilities.
The FML only applies to employers who have 50 or more employees.
California Pregnancy Disability Act (“CA PDL”) Leave:
Under the CA PDL, a female employee can take up to 4 months (1/3 of a year or 17 1/3 weeks) of paid, job protected leave due to pregnancy related or a child-birth related disability. Your doctor determines when you are disabled and when you are cleared back for work.
To qualify, you must have paid into the State Disability Insurance (“SDI”) in California under the state disability insurance plan for up to 4 months (most employees are covered by SDI in California). Furthermore, the CA PDL only applies to employers with 5 or more employees.
In the event you qualify, you will get up to 55% of your salary but no more than $1067/week.
California Paid Family Act (“CA PFL”) Leave:
Under the CA PFL, a male or a female employee can take up to 6 weeks of paid but job protected leave for the for the following reasons:
- To care for a child, parent, or spouse due to a serious health condition
- To bond with a child after the birth, adoption, or fostering (limited to the first year after the birth, adoption or fostering).
- PFL Leave, however, cannot be used to care for your own serious medical condition, including pregnancy-related or child-birth related disabilities.
To qualify, you must have paid into the State Disability Insurance (“SDI”) under the California disability insurance plan (most employees are covered by SDI in California).
In the event you qualify, you will get up to 55% of your salary but no more than $1067/week.
Combining Paid and Job Protected Leave Options:
CA PDL and the FMLA run concurrently together. If you qualify for both, this means that you can take 4 weeks pre-birth and 6 weeks after birth for recovery of paid, job protected leave. That equals to 10 weeks of paid, job protected leave.
Thereafter, you can also take CA PFL and CFRA leave. CA PFL and CFRA also run concurrently together. If you qualify for both, in addition to the 10 weeks above, you can take an additional 6 weeks of paid, job protected leave.
