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If you are pregnant or expecting a new child, two questions usually come first: how much time can you take off, and will you be paid? Maternity leave in California is not one single law. It combines job-protected leave with separate state pay programs, and each one has its own rules. Below, we explain how long you can be away, what pays you while you are out, and what your employer must hold for you.
How long is maternity leave in California?
Up to four months of Pregnancy Disability Leave while you are disabled by pregnancy or childbirth. After that, eligible employees can add up to 12 weeks of CFRA bonding leave. Combined, that can reach about seven months of job-protected time. Pay comes separately, from State Disability Insurance and Paid Family Leave.
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Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
Key Takeaways
- Pregnancy Disability Leave (PDL) covers up to four months per pregnancy at employers with five or more employees, with no minimum time on the job (CRD fact sheet).
- CFRA bonding leave adds up to 12 weeks after PDL ends if you have worked there more than 12 months and at least 1,250 hours in the past year (CRD bonding guide).
- State Disability Insurance replaces about 70% to 90% of wages, up to $1,765 a week, while you cannot work (EDD).
- Paid Family Leave pays for up to eight weeks of bonding in a 12-month period, but it does not protect your job by itself (EDD).
- After PDL, the law guarantees your return to the same position unless your employer proves a legitimate business reason unrelated to your leave (2 CCR 11043).
Is this your situation?
This article can help you understand your rights if:
- You are pregnant and want to know how much time you may be able to take off from work.
- You want to know whether you can receive pay or wage-replacement benefits while you are on leave.
- Your job security while you are away is a concern.
- You are preparing to take time off to bond with a new child through birth, adoption, or foster care.
- You want to understand your leave options before discussing them with your employer.
How Long Is Maternity Leave in California?
Maternity leave in California usually runs in two stages. First comes leave for the time you are disabled by pregnancy or childbirth. Then comes leave to bond with your baby. A different law protects each stage, and you may qualify for one, both, or neither.
Pregnancy Disability Leave (PDL): up to four months
If you are unable to work because of pregnancy, childbirth, or a related medical condition, Government Code section 12945 lets you take leave for a reasonable period of up to four months. According to the Civil Rights Department, PDL applies to employers with five or more full- or part-time employees, and it has no tenure or hours requirement. That means it can apply even if you started the job recently.
Your normal schedule determines what four months means. The PDL regulation defines it as one-third of a year, or 17 1/3 weeks. For a full-time employee who works 40 hours a week, that equals 693 hours of leave. The regulation prorates part-time schedules. The four months apply per pregnancy, not per year, and you can take PDL all at once or intermittently when your health care provider says it is medically necessary.
CFRA bonding leave: up to 12 more weeks
The California Family Rights Act (CFRA) allows up to 12 weeks of job-protected leave to bond with a new child within one year of birth, adoption, or foster placement. To qualify, you generally must have worked for your employer for more than 12 months and at least 1,250 hours in the previous 12 months. The employer must also have five or more employees.
The CRD’s bonding guide states that CFRA leave runs after PDL. For an eligible employee, four months of PDL plus 12 weeks of CFRA adds up to about seven months of job-protected leave. Your actual total depends on how long your provider certifies the pregnancy disability and on your schedule.
Both parents get bonding leave. CFRA applies to fathers, adoptive parents, foster parents, and same-sex parents. Since 2021, parents who work for the same employer can each take up to 12 weeks. PDL, by contrast, only applies to the employee with the pregnancy-related disability. For the rules that apply to fathers and other non-birthing parents, see our article on paternity leave in California.
A note on federal FMLA: The federal Family and Medical Leave Act (FMLA) may also apply, but only to employers with 50 or more employees, according to the U.S. Department of Labor. Depending on the reason for your leave, FMLA may overlap with PDL or CFRA. Our article on CFRA vs. FMLA in California explains how the two laws differ.
Leave and Pay at a Glance
Job protection and pay come from different programs. This table shows what each one does.
| Program | What it gives you | Who generally qualifies | How long |
|---|---|---|---|
| Pregnancy Disability Leave (PDL) | Job-protected leave, unpaid by itself | Employee disabled by pregnancy; employer with 5+ employees; no minimum time on the job | Up to 4 months per pregnancy |
| CFRA bonding leave | Job-protected leave, unpaid by itself | More than 12 months and 1,250 hours with an employer of 5+ employees | Up to 12 weeks within 1 year of the birth |
| State Disability Insurance (SDI) | Partial pay, no job protection | Unable to work; at least $300 in base-period wages with SDI withheld | Often 10 to 12 weeks for an uncomplicated pregnancy |
| Paid Family Leave (PFL) | Partial pay, no job protection | Bonding with a new child; SDI paid in the base period | Up to 8 weeks in 12 months |
Will You Get Paid During Maternity Leave in California?
Usually, yes, but not from your employer. PDL and CFRA protect your job, not your paycheck. Two state programs run by the Employment Development Department (EDD) replace part of your income instead.
During pregnancy and recovery: State Disability Insurance (SDI)
According to EDD, SDI replaces roughly 70% to 90% of your wages, depending on income, up to a maximum of $1,765 a week. To qualify, you generally must have at least $300 in base-period wages from which SDI contributions were withheld. These contributions usually appear as “CASDI” on your pay stub.
EDD’s pregnancy FAQ says benefits for an uncomplicated pregnancy can start up to four weeks before your expected delivery date and continue up to six weeks after delivery, or eight weeks after a cesarean section. Pregnancy claims usually last 10 to 12 weeks. Your health care provider can certify a longer period if there are complications.
During bonding: Paid Family Leave (PFL)
Paid Family Leave provides partial pay while you bond with a new child. Eligible employees may receive PFL benefits for up to eight weeks within a 12-month period, at the same 70% to 90% rate. Our article on how much Paid Family Leave pays walks through the weekly amounts.
If you are already receiving SDI for your pregnancy, you do not start over. EDD’s page for new mothers says it automatically sends a PFL claim form (DE 2501FP) after your last disability payment.
The difference between pay and job protection: SDI and PFL pay benefits, but they do not hold your job. Your right to return depends on PDL, CFRA, or FMLA. Someone who receives PFL without qualifying for CFRA may get paid while having no legal right to come back.
How Leave and Pay Can Work Together
For an employee who gives birth and qualifies for every program, the timeline may look like this:
- Late pregnancy: PDL may begin when your provider says you can no longer work, often up to four weeks before your due date. SDI may pay you during this time.
- Delivery and recovery: PDL continues while you recover, often six weeks after a vaginal delivery or eight weeks after a cesarean. SDI continues alongside it.
- Bonding: If eligible, you may take up to 12 weeks of CFRA leave. PFL may pay for up to eight of those weeks.
With maternity leave in California, your exact leave and benefits depend on your medical needs, your eligibility for each program, the size of your employer, and how long you have worked there.
Can Your Employer Deny or Shorten Your Leave?
Generally, no, if you qualify. Under section 12945, it is unlawful for a covered employer to refuse PDL to an employee disabled by pregnancy. CFRA also makes it unlawful to refuse qualifying bonding leave or to interfere with it.
The answer can change in a few situations. Your employer may have fewer than five employees. You may not yet meet the CFRA service and hours requirements, so only PDL applies. Your employer may also have eliminated your position for a reason unrelated to your leave. Under the reinstatement regulation, the employer must prove that reason. If your employer says your job is gone, consider speaking with an employment attorney, who can evaluate whether the explanation holds up.
What to Consider Before You Start Your Leave
- Consider giving notice early. For foreseeable CFRA leave, an employer may require 30 days’ notice, or notice as soon as practicable when that is not possible (2 CCR 11091). You do not need to name the law, but you should state the reason.
- Expect a request for medical certification. Your employer may ask for certification from your health care provider to support pregnancy disability leave.
- Treat pay as a separate step. SDI and PFL come from EDD, not your employer, so requesting leave at work does not start your benefits.
- Keep copies of what you send and receive. Save your leave request, any approval or denial, and messages about your return date. If questions come up later, a written record helps an attorney evaluate what happened.
- Ask how your benefits continue. Your employer must keep paying for group health coverage during PDL if it normally pays for it, as explained in the FAQ below.
When to Talk to a California Employment Lawyer
Consider speaking with an employment lawyer if you experience problems when requesting, taking, or returning from pregnancy or parental leave. This may include situations where:
- Your employer denies leave that you believe you are entitled to take.
- You are demoted, terminated, given less favorable duties, or otherwise treated differently after requesting or taking protected leave.
- Your employer refuses to reinstate you after your leave or returns you to a position that may not comply with your reinstatement rights.
- You experience discrimination or other negative treatment because of your pregnancy, childbirth, or a related medical condition.
California law protects employees against pregnancy discrimination and against retaliation for using protected leave. Deadlines can apply to these claims, and they vary by claim. An employment attorney can explain which protections and deadlines apply to your situation.
At Abramson Labor Group, we represent California employees in pregnancy discrimination, retaliation, and leave-related matters. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Frequently Asked Questions
Do I have to use my vacation or sick time during maternity leave?
It depends on the leave. During unpaid PDL, the CRD says your employer may require you to use accrued sick leave. It may not require vacation or other paid time off, though you can choose to use vacation. During unpaid CFRA leave, the CFRA regulation lets you elect, or your employer require, accrued vacation or other paid time off.
Will my health insurance continue while I am on leave?
Yes, for a set period. During PDL, an employer that normally pays for your group health coverage must keep paying for up to four months in a 12-month period (2 CCR 11044). The employer may recover those premiums only if you choose not to return, and not if you move on to CFRA leave or cannot return for health reasons.
Can I ask for lighter duties instead of taking leave?
Yes. If your health care provider advises it, the CRD says you can request a transfer to a less strenuous or hazardous position or modified duties, and your employer must provide reasonable accommodation. Our article on reasonable accommodation in California explains how that process works.
Am I entitled to breaks to pump after I return to work?
Yes. Under Labor Code section 1030, your employer must provide a reasonable amount of break time to express breast milk. The Labor Commissioner says the space must be close to your work area and cannot be a bathroom.
Is there leave after a miscarriage or stillbirth?
Yes. California requires at least five days of reproductive loss leave after a miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction. According to the CRD fact sheet, it applies at private employers with five or more employees once you have worked there 30 days, and the leave must be completed within three months. It is separate from bereavement leave.
Is Paid Family Leave taxable?
Partly. According to EDD, PFL benefits are taxable for federal income tax purposes but are not taxed by California. EDD reports the payments on Form 1099G.
Do I qualify for maternity leave if I work part time?
Possibly. PDL has no hours requirement, and the PDL regulation calculates the four months in proportion to your normal schedule. CFRA bonding leave requires at least 1,250 hours in the prior 12 months, which works out to roughly 24 hours a week. Our article on what counts as full time in California covers how hours affect other rights.
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.