California Maternity Leave
From LoveToKnow Pregnancy
California Maternity Leave Bests Rest of Nation
The California maternity leave laws are some of the best in the nation. With the addition of a Paid Family Leave law that went into effect in 2004, the state is considered a leader in working moms’ rights.
Federal laws are there to protect women who take a maternity leave. The Family and Medical Leave Act (FMLA), which was passed in 1993, guarantees that women can take up to twelve weeks without pay while keeping the same health insurance. Additionally, their position will be held while mom or dad is gone, or else a job with equal pay, benefits, and status will be given. If both the spouses work at the same place, a total of twelve weeks can be taken between the two of them. To be eligible, the following criteria must be met:
- The parent must have worked for the same company for 12 months (not necessarily consecutively)
- The parent must have logged 1,250 hours in the last year
- The company has a minimum of 50 employees at the company
- At least 50 employees at the company must work within 75 miles of the employee requesting leave’s worksite
While the FMLA has provided some protection, the state of California has enacted several laws and statues that give women and their spouses better options when it comes to family leave due to pregnancy and childbirth.
Pregnancy Disability Leave
Under California law, pregnant women can take a pregnancy disability leave if needed during their pregnancy. Up to four months can be taken off due to pregnancy, childbirth, or related conditions. Reasons to take the leave include:
- Severe morning sickness
- Prenatal care
- Physician-ordered bed rest
- Childbirth
- Recovery from childbirth
To take this California maternity leave, a woman must be incapable of doing at least one essential job task without risk to herself, her unborn child, or others.
If the woman’s doctor says she can work an intermittent schedule or have a reduced workload, the employer must accommodate. This can include changing duties of the current position, or moving the employee to a position with equivalent pay and benefits for which the employee is qualified.
The pregnancy disability leave requires that the position be held during the four months’ absence. It does not, however, require that employer to pay the employee during the four months.
California Family Rights Act
The California Family Rights Act (CFRA) can be used to take additional time beyond the pregnancy disability leave. If a person can meet the eligibility requirements for CFRA, she can take both this leave and the pregnancy disability.
This means that those who qualify can take the four months of pregnancy leave along with up to twelve weeks of CFRA for bonding with the baby after birth.
To check your eligibility for California maternity leave, click here.
California Paid Family Leave
California Paid Family Leave (PFL) was a piece of legislation that went into effect in 2004. Under PFL, up to six weeks of paid leave can be taken with a percentage of wages, around 55.
All employers are covered under this law, not just those with 50 or more employees. However, this law varies from the unpaid CFRA in that businesses with less than 50 employees are not required to hold a position for a worker who goes on paid family leave.
For more information about PFL, visit the websites for Paid Family Leave and the Employment Development Department.
Other Maternity Leave Options
California maternity leave options do not end at the state and federally mandated laws. The companies moms' work for may have their own policies regarding family leave that are better than governmentally mandated options.
Taking vacation time, accrued absence time, or other paid or unpaid leave options may supplement leave time from a current position.
To find out more about your company’s policies regarding maternity leave, visit with your human resources personnel at least 30 days prior to taking any leave. You may want to visit with them at the beginning of your pregnancy as well, to find out how to handle any emergency situations that may arise, and to plan for your future leave.
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Comments
Cynthea, I'm afraid talking to HR is the only way to get your leave, but if you are prepared ahead of time it may be easier for you. There are links above to the Paid Family Leave act and the California Employment Department, which can both help you figure out how much time you can take. You may be able to speak with someone in the Employment Department who can offer advice about how much time you get, then you can tell HR that's what you want.
-- Contributed by: HollySwansonSome companies HR depts make it intimidating to talk to, such as mine. I want to take the longest amount of time off that I can including paid and unpaid leave for Califormia. What are those options. I will also go to my HR at the end of this month because I plan to stop working, Dec 23rd......
David, unless the company has another policy in place, part-time employees are not covered for any type of leave. Generally, if the employee isn't eligible for things like health benefits, they also aren't eligible for leave.
-- Contributed by: HollySwansonThis page has been accessed 18,348 times. This page was last modified 21:04, 4 November 2008.
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