Preparing to welcome a newborn child should be one of the most joyful moments of your life. However, navigating the maze of California maternity leave laws can be overwhelming for pregnant employees.
Los Angeles-based employees have more rights than many US workers due to the California Family Rights Act and other laws that forbid pregnancy discrimination and other forms of injustice.
If you believe your rights in the workplace have been violated, schedule a free initial consultation with an experienced and compassionate employment lawyer who will advise you on your legal rights. Call 323-746-1853 or fill out our confidential contact form, and we will schedule a consultation soon.
Understanding Maternity Leave Laws for Los Angeles-Based Employees
Pregnant employees based in Los Angeles are protected by a range of state and federal laws. These laws ensure that California employees receive sufficient time off before and after the birth of the child and that their jobs are protected in their absence. However, pregnant employees who work for businesses with fewer than 5 employees may not receive the same protections.
Untangling these laws can be challenging for employers and employees, which is why it pays to consult a maternity leave attorney.
California Family Rights Act (CFRA)
Under the CFRA, most Los Angeles-based employees are entitled to take 12 weeks off to bond with their newborn child. Whether you receive pay during this period is at your employer’s discretion. However, as is also required by the federal Family and Medical Leave Act (FMLA), your employer must continue to pay your group health insurance if he or she normally does so.
Some key considerations include:
- Length of service: You must have worked for your employer for over 12 months and have worked at least 1,250 hours in the last year to qualify for CFRA leave.
- Mileage limitation removed: Before 2021, the CFRA only covered California employers with at least 50 workers within 75 miles of the employee’s worksite. CA has since eliminated this requirement.
- Reinstatement rights: Eligible employees have the right to be reinstated to the same job on their return. CA also removed exceptions for a company’s highest-paid employees effective January 1, 2021.
If you qualify for CFRA leave and your employer refuses to let you take it, talk to a pregnancy discrimination lawyer about your rights.
Pregnancy Disability Leave (PDL)
California’s Pregnancy Disability Leave law is a separate provision under the Fair Employment and Housing Act (FEHA), which provides you the right to take additional medical leave. It protects employees who are “disabled by pregnancy, childbirth, or a related medical condition.” This is an important distinction, as unlike the CFRA, it is a form of disability leave and does not apply to pregnant employees in general. Assuming that you qualify, under the PDL and the CFRA, you may be eligible for up to 28 weeks of job-protected leave.
Unlike CFRA, there are no tenure or hour requirements for PDL, which is available to full and part-time workers.
Other key requirements of PDL include:
- Right to leave: Eligible employees are entitled to up to 4 months of disability leave for each pregnancy. An employer may choose to expand this provision, but only if he or she must apply the same standard to all employees.
- Defining disability: Under PDL, disability can include severe morning sickness, childbirth, loss or end of pregnancy, pre- or post-natal care, doctor-ordered bed rest, and other medical conditions related to pregnancy.
- Salary and benefits: PDL is unpaid leave. However, employees may use their accrued vacation or other paid leave during PDL. Employers cannot require employees to do this.
- Return rights: After returning from PDL, an employee must be restored to the same or equivalent position. Firing an employee for being pregnant or taking PDL is illegal.
Despite PDL rules that are designed to protect employees experiencing pregnancy-related disability, some Los Angeles employers continue to practice pregnancy discrimination. This is illegal, and California employees do not have to tolerate it.
If you are a victim of this treatment, you have the right to take legal action. At an initial consultation, a maternity leave attorney with Allred, Maroko & Goldberg can explain exactly where you stand.
Paid Family Leave (PFL)
While California maternity leave laws go further than federal regulations, eligible employees are still only entitled to unpaid leave. However, the State of California Employment Development Department also runs a Paid Family Leave (PFL) program, which provides eligible parents with wage replacement benefits to allow them to bond with their newborn child and is available to:
- Birth mothers, while transitioning from pregnancy disability benefits, or new mothers who did not claim these benefits
- Fathers
- Foster and adoptive parents taking a new child into their homes
Benefit payments range from $50–$1,681 per week, depending on your circumstances, and can be paid for up to 8 weeks in a 12-month period.
Eligibility requirements include:
- Being unable to do your regular job
- Having lost wages
- Being employed or looking for work
- Having earned at least $300 and paid State Disability Insurance (SDI) in the previous 18 months
Violations of Maternity Leave Laws
Despite robust leave laws, some California employers continue to violate the rights of pregnant workers, which amounts to pregnancy discrimination.
An experienced and tenacious pregnancy discrimination attorney in Los Angeles could help you fight claims arising from the following situations:
- Wrongful termination, demotion, or mistreatment due to pregnancy-related absences or taking parental leave
- Denial of pregnancy disability leave or parental leave
- Failure to provide reasonable accommodation for pregnant workers
- Retaliation against workers who request pregnancy leave or other types of pregnancy-related unpaid leave
Get the maternity leave you deserve
An AMG Law maternity leave attorney can guide you through the complexities of California maternity leave laws and ensure you access the benefits and leave you deserve.
Fight back against pregnancy discrimination
If you have been fired, demoted, or otherwise discriminated against for what you believe is related to your pregnancy, an AMG Law employment attorney can help you understand your legal rights. California employers may feel they can fire “at-will” employees for any reason, but firing someone for requesting maternity leave or for becoming pregnant is illegal.
A Los Angeles maternity-leave/pregnancy discrimination attorney can discuss how to build a strong case that could help you receive compensation and possibly get your job back.
Trust Allred, Maroko & Goldberg With Your Maternity Leave/Pregnancy Discrimination Claim
Maternity leave is a once-in-a-lifetime opportunity to bond with your newborn child. Do not lose out on your rights because of pregnancy discrimination.
Talk to an AMG Law maternity-leave/pregnancy discrimination lawyer who can guide you through your rights and help you battle for justice. Our employment law attorneys have been fighting and winning against unscrupulous Los Angeles employers for decades. Our aggressive and passionate lawyers are committed to fighting for hardworking Californian parents whose rights have been violated.
Schedule a free consultation with an experienced Los Angeles maternity-leave/pregnancy discrimination lawyer. Call 323-746-1853 or contact us confidentially through our online form, and we will call you back to schedule an appointment.