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An overview of maternity rights in California

The state of California has some of the most comprehensive maternity protections in the country. If you are pregnant or have recently given birth, you may qualify for both job-protected leave and wage replacement, as well as a host of other rights. 

Here are some key points to keep in mind. 

Pregnancy disability leave (PDL)

If you are disabled due to pregnancy or childbirth, you may be eligible for up to four months of unpaid leave under California’s Pregnancy Disability Leave law. This time off can be used before or after giving birth. During this leave, your employer must continue your group health benefits. You may also be able to receive State Disability Insurance (SDI) payments to cover part of your lost wages.

Bonding time after birth

Once pregnancy disability leave ends, you may be entitled to up to 12 additional weeks of job-protected leave to bond with your baby. This is provided under the California Family Rights Act (CFRA). You can take this bonding leave within the first year after the child is born. In many cases, employees are also covered by the federal Family and Medical Leave Act (FMLA), which offers similar protections.

Paid family leave (PFL)

California’s Paid Family Leave program offers up to eight weeks of partial wage replacement for bonding with a new child. This applies to birth parents, adoptive parents, and foster parents. You must have paid into the state disability insurance program to qualify. The benefit covers about 60 to 70 percent of your weekly wages, depending on your income.

Returning to work

After your leave ends, your employer must return you to the same job or a comparable one. The new role must offer similar pay, benefits and working conditions. Employers are not allowed to punish you for taking leave that you are entitled to under the law. 

For more information on your maternity rights in employment law, you should seek legal guidance. 

 

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