


Topic: Know Your Rights
If you’re pregnant or preparing to welcome a new child, you may be wondering how much time you can take off from work and whether you’ll be paid while you’re away. In California, maternity leave can involve several different leave protections and wage-replacement programs. Understanding how these benefits work together can help you know what time off and pay may be available to you.
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Trusted ContentAssociate Attorney
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,…
This article can help you understand your rights if:
One of the most important distinctions is the difference between job-protected leave and wage replacement.
Depending on your circumstances, you may qualify for both at the same time.
California provides different forms of job-protected leave for pregnancy disability and bonding with a new child. If you qualify, these protections may allow you to take pregnancy disability leave followed by additional time for bonding.
If you are unable to work because of pregnancy, childbirth, or a related medical condition, Pregnancy Disability Leave may provide up to four months of job-protected leave per pregnancy. PDL generally applies if your employer has five or more employees, and unlike CFRA, there is no minimum requirement for how long you must have worked for your employer or how many hours you must have worked.
The amount of leave you need is determined by your pregnancy-related disability and your health care provider’s recommendation. PDL can be taken all at once or intermittently when medically necessary.
Eligible employees may take up to 12 weeks of job-protected CFRA leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. To qualify, you generally must have worked for your employer for at least 12 months, completed at least 1,250 hours of service during the previous 12 months, and work for an employer with five or more employees.
If you qualify for both PDL and CFRA bonding leave, CFRA bonding leave can generally begin after your pregnancy disability leave ends. This means an eligible employee may receive up to four months of PDL when medically necessary, followed by up to 12 weeks of CFRA leave to bond with the new child.
Both parents get bonding leave. CFRA applies to fathers, adoptive parents, foster parents, and same-sex parents, even if both parents work for the same employer. PDL, by contrast, only applies to an employee who has a pregnancy-related disability.
A note on federal FMLA: The federal Family and Medical Leave Act (FMLA) may also provide job-protected leave to eligible employees. Depending on the reason for your leave and which laws apply, FMLA may overlap with California leave protections such as PDL or CFRA.
Understanding how much time you can take off is only part of the picture. The next question is whether you’ll be paid while you’re away.
Job-protected leave does not necessarily mean paid leave. While laws such as PDL, CFRA, and FMLA may protect your time away from work, separate California programs may provide partial wage replacement while you’re on leave.
If you are unable to work because of pregnancy, childbirth, or a related medical condition, you may qualify for State Disability Insurance (SDI) through California’s Employment Development Department (EDD). SDI provides partial wage replacement while you are unable to work.
According to EDD, SDI replaces roughly 70 to 90 percent of your wages, up to a maximum weekly benefit amount. To qualify, you generally must have earned at least $300 during your base period from which State Disability Insurance contributions were withheld. These contributions typically appear as “CASDI” on your pay stub.
SDI benefits may be available for up to 52 weeks, although the length of benefits for a pregnancy-related disability depends on the period your health care provider certifies that you are unable to work.
Paid Family Leave (PFL) may provide partial wage replacement while you take time off to bond with a new child through birth, adoption, or foster care placement.
Eligible employees may receive PFL benefits for up to eight weeks within a 12-month period. Like SDI, the amount you receive generally depends on your earnings and is subject to a maximum weekly benefit amount. To qualify, you generally must have earned at least $300 during your base period from which State Disability Insurance contributions were withheld.
The Important Difference Between Pay and Job Protection: SDI and PFL provide wage-replacement benefits, but they do not themselves provide job protection. Your right to take leave and return to work may instead be protected by laws such as PDL, CFRA, or FMLA, depending on your eligibility and circumstances.
This means that job-protected leave and wage-replacement benefits often work together: one may protect your time away from work, while the other may provide partial income during that time.
For an employee who gives birth and qualifies for these leave protections and benefits, the timeline may look something like this:
Your exact leave and benefits will depend on factors such as your medical needs, your eligibility for each program, the size of your employer, and how long you have worked there.

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:
California law provides protections against pregnancy discrimination and retaliation for exercising certain protected leave rights. If you believe your employer has interfered with your leave, retaliated against you, or discriminated against you because of your pregnancy, speaking with an employment attorney can help you understand which protections may apply.
At Abramson Labor Group, we represent California employees in pregnancy discrimination, retaliation, and leave-related matters. We offer free, confidential case evaluations and can help you understand your rights and options.
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.
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