Taking leave for your pregnancy or to care for a new child isn’t just a workplace benefit. In California, it’s a protected legal right.

California has some of the nation’s strongest leave laws, designed to protect your job and provide financial support during this critical time. These rights ensure you don’t have to choose between your job and your family.

But the various laws providing these benefits can be complex and confusing. New and expecting parents often have many questions. How much time can I take off? Will my job be there when I return? How will I get paid during leave? It can be unclear how different state and federal laws work together.

Understanding your rights is the crucial first step in ensuring that you receive all the protections you’re entitled to. This guide is designed to clarify how pregnancy and parental leave work for California employees. We will break down the key laws and explain how they interact.

First, we’ll explain the two main types of laws that apply here. Some laws provide job-protected leave, while others provide for wage replacement.

Next, we’ll discuss the three most important job-protected leave laws in detail. These are the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and California’s Pregnancy Disability Leave (PDL) law. These cover many common reasons for leave, like medical needs and new child bonding.

After that, we’ll cover the state programs that offer partial wage replacement. This includes State Disability Insurance (SDI) and Paid Family Leave (PFL). We’ll then touch on local ordinances. Some cities and municipalities, like San Francisco, provide even greater benefits for new parents.

Finally, we’ll answer commonly-asked questions about child-bonding and pregnancy leave.

What Kinds of Laws Apply to Pregnancy and Child-Bonding Leave in California?

California law divides leave rights into two distinct categories. It’s important to understand this distinction.

First are job-protected leave laws. These laws give you the right to take time off from work without losing your job.

Your eligibility for these leaves can depend on several factors. These include the size of your employer and how long you’ve worked there. It’s crucial to understand the specific requirements for each law.

Second are wage replacement programs. These state-run programs provide partial income while you’re on leave. Some cities even offer enhanced benefits.

Protected Leave Laws

Three primary laws in California provide job-protected leave for pregnancy and new child bonding:

These laws provide what is known as job-protected leave. This means that when you take leave for a qualifying reason, your employer must secure your job for you. 

Upon your return, they are required to reinstate you to your same position or a substantially similar one with equivalent pay, benefits, and other terms of employment.1 

Your employer also cannot retaliate against you for requesting or taking this protected leave. If you’re facing retaliation at work because you took leave or are planning to take leave, it’s important to talk to an attorney right away. Click the button below (on mobile) or above (on desktop) to schedule a free and confidential consultation. We also have more information in our Guide to Workplace Retaliation in California.

Wage Replacement Benefits 

Job-protected leave laws like FMLA, CFRA, and PDL don’t provide pay. They only secure your right to take leave and return to your job.

To receive income during leave, you need to apply to California’s state insurance programs.

These state programs provide a percentage of your regular earnings. The amount is subject to a maximum weekly benefit set by the state each year.

Local laws such as the San Francisco Paid Parental Leave Ordinance may provide even higher benefits. 

We’ll cover all the most important details below.

Understanding California’s Main Laws for Maternity, Paternity, and Child-Bonding Leave

Let’s cover the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) and California Pregnancy Disability Leave Law (PDL) in more detail.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a foundational federal law. It gives eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons, including welcoming a new child.

FMLA, like other leave laws, has specific requirements for both the employer and employee. 

For private employers, FMLA applies only to those with 50 or more employees working within a 75-mile radius.2 However, FMLA covers all public agencies and schools, regardless of their size.3

FMLA provides up to 12 workweeks of leave in a 12-month period for reasons such as the birth and care of a newborn or the placement of an adopted or foster child.4

To be eligible, you must meet three key requirements:

During your leave, your employer must continue your group health benefits.6

When you return, you have the right to be restored to your original job or an equivalent one. An equivalent position means the same pay, benefits, and other terms of employment.7

FMLA leave itself is unpaid.8

You may be able to use accrued paid time off, like vacation or sick days, during your leave. In some cases, your employer can require you to do so.9 

The Family and Medical Leave Act (FMLA)

The California Family Rights Act (CFRA) is the state’s own family and medical leave law. It provides protections that are often broader than its federal counterpart, the FMLA.

CFRA’s biggest distinction is its wider employer coverage. The law applies to any private employer with five or more employees, protecting far more California workers. It also applies to all public employers, regardless of how many employees they have.10

The law provides up to 12 weeks of job-protected, unpaid leave in a 12-month period. Among other reasons, this can be used for the birth and care of a new child, including the child of a domestic partner, or for the placement of an adopted or foster child.11

To be eligible for CFRA leave, you must meet requirements identical to the FMLA:12

CFRA provides similar job and benefit protections. Your employer must maintain your health coverage under a group health plan during the leave.13

When the leave ends, you have a right to be reinstated to your same or a comparable position.14

Like the FMLA, CFRA leave is unpaid. You can, however, choose to use your accrued paid time off, like vacation or sick leave. Your employer can also require you to use it.15

How the FMLA and CFRA interact for California employees

The FMLA and CFRA offer similar benefits, but how they work together is what really matters for California employees. This is especially true when it comes to pregnancy leave.

For most types of leave, your FMLA and CFRA time run together. If you take a week off to care for a sick parent, for example, one week is deducted from both your FMLA and CFRA balances at the same time.

But there’s a big exception: leave for your own pregnancy-related disability.

The FMLA treats your pregnancy disability as a serious health condition.16 This means you can use your 12 weeks of FMLA for this time.

The CFRA, by contrast, does not treat pregnancy disability as a serious health condition.17

So, what does this legal difference mean for you?

It means that when you take leave for your pregnancy disability, the time only counts against your FMLA balance. It doesn’t touch your separate CFRA leave.

This allows you to use your FMLA leave while you’re disabled by pregnancy. After you recover, you still have a full, separate 12 weeks of CFRA leave to bond with your new baby.

This interaction allows for a combined, job-protected leave that is significantly longer than 12 weeks.

What if you work for a smaller company that is covered by CFRA but not FMLA? A separate California law still protects your job while you’re on pregnancy disability leave.

Let’s look at that law next.

Understanding California’s Pregnancy Disability Leave Law (PDL) 

California gives expecting and new mothers another important layer of protection: the Pregnancy Disability Leave (PDL) law.

This law gives you the right to take job-protected leave if you’re disabled by your pregnancy, childbirth, or a related medical condition.

Who is Covered by PDL?

The PDL law applies to companies with five or more employees. It also covers all state and local government employers.18

To be eligible, you simply need to be disabled by your pregnancy. Unlike FMLA and CFRA, there’s no requirement to have worked for a certain amount of time or number of hours. You have rights under PDL from your first day on the job.19

What Does “Disabled by Pregnancy” Mean?

The definition is broad. Generally, you’re considered disabled if your doctor advises that you’re unable to perform one or more of your essential job duties.

This can include many situations. For example, you may be eligible for PDL for any of the following:20

PDL can be taken all at once or on an “intermittent” basis. This means you can take leave in smaller chunks—for example, for a few hours for a doctor’s appointment—or work a reduced schedule if it’s medically necessary.

Your employer also has a separate duty to engage in an interactive process to determine whether they can make reasonable accommodations for needs related to your pregnancy. Accommodations could include things like changing your duties, providing a stool, or allowing more frequent breaks, even if you don’t need to take a full leave from work.

If your employer refuses to accommodate you, they may be liable for disability discrimination. We’ve gone into more detail in our Complete Guide to California Workplace Discrimination Laws.

How Much Leave Can You Take, and What Protections Do You Have Under PDL?

PDL allows you to take up to four months of leave for each pregnancy.21 This is often calculated as 17 and 1/3 weeks.

If your leave is foreseeable, you should give your employer reasonable advance notice. Your employer can also require a medical certification from your doctor confirming your need for leave.22

While you’re on PDL, your employer must maintain your health insurance on the same terms as if you were still working. When you return, you also have the right to get your same job back, or a very similar one.

It’s important to know that PDL itself is unpaid leave. However, you are typically eligible to receive partial income from California’s State Disability Insurance (SDI) program. We’ll go into more detail below. You can also often use your own accrued paid time off.

How PDL Works With Other Leave Laws

Understanding how these leave laws interact is the key to maximizing your time off.

Your PDL leave runs at the same time as your federal FMLA leave. So, while you are using PDL for your pregnancy-related disability, you are also using up your 12 weeks of FMLA.

However, your PDL does not run at the same time as your CFRA leave.

This creates a powerful result. You can use your FMLA leave while on PDL, and after you recover, you are still entitled to take a full 12 weeks of CFRA leave to bond with your new child. This “stacking” of leave allows for a combined, job-protected leave of about 7 months.

Income Replacement Laws Related to Pregnancy, Maternity, Paternity and Child-Bonding Leave

Job-protection laws like FMLA, CFRA, and PDL are crucial, but they don’t provide you with a paycheck. They only protect your right to take time off and return to your job.

To get paid during your leave, you can apply to California’s state insurance programs. These programs are funded by money that’s already been deducted from your paychecks. They offer you partial wage replacement when you’re off work for pregnancy disability or to bond with a new child.

California State Disability Insurance (SDI)

California’s State Disability Insurance (SDI) program pays you short-term benefits when you lose wages because you’re unable to work. This can be due to a non-work-related illness, injury, or, most importantly for this guide, pregnancy.23

Think of SDI as income replacement. It doesn’t protect your job—that’s what leave laws like PDL and FMLA do—but it helps you pay your bills while you’re recovering.

To qualify for SDI benefits, you need to meet all of the following requirements:24

For a typical pregnancy, you can usually start receiving SDI benefits up to four weeks before your expected due date.

After delivery, the standard benefit period is six weeks for a vaginal delivery or eight weeks for a Cesarean (C-section) delivery. Your doctor can certify a longer period if you have medical complications.

When it comes to payment, the SDI program provides a percentage of your regular wages. For claims starting in 2025, benefit payments have increased. If you’re a lower-wage worker, you can get up to 90% of your wages, while other workers receive about 70%.

The Employment Development Department (EDD) calculates this using your earnings from a 5-to-18-month base period.25 For 2025, the maximum weekly benefit you can receive is $1,681.26

To get these benefits, you must file a claim with California’s Employment Development Department (EDD). The fastest way is to apply online for SDI benefits.

It’s important to get the timing right. You should file your claim no earlier than the ninth day you are out of work, and no later than 49 days after your disability begins. Filing late without a good reason can lead to a loss of benefits.

As part of your application, your doctor will also need to submit a medical certification to the EDD confirming your disability.

California Paid Family Leave (PFL)

After your doctor certifies that your pregnancy disability has ended, you can switch to benefits from California’s Paid Family Leave (PFL) program. PFL gives you up to eight weeks of partial pay to bond with a new child.27

These bonding benefits are for all new parents. That includes mothers, fathers, and non-birthing partners. PFL also applies equally to parents who welcome a child through adoption or foster care placement. 

You can also use PFL to take time off to care for a seriously ill family member. This includes a     child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner.28

If you’re already receiving State Disability Insurance (SDI) for your pregnancy, the Employment Development Department (EDD) will automatically send you a form to start your PFL bonding claim. This makes the transition simple.

You don’t have to take all eight weeks of PFL at once. You have 12 months from the date your child arrives to use your bonding leave, which can be broken up into smaller periods if your employer agrees.

Many families choose to stack their leave by having both partners take advantage of PFL benefits. This effectively extends the total time they can spend bonding with their new child.

To be eligible for PFL, you just need to have earned at least $300 during your base period from which SDI taxes were paid.29 

PFL benefits are calculated in the same way as SDI. For 2025, that means you will receive between 70% and 90% of your wages, up to the same weekly maximum of $1,681.30

If you are a non-birthing parent or did not receive SDI first, you will need to file a new claim for PFL directly with the EDD.

It is absolutely critical to understand that PFL only provides you with pay. It does not protect your job. Your right to get your job back is secured by taking PFL at the same time as your job-protected leave under the FMLA or CFRA.

San Francisco Paid Parental Leave (PPL)

The City of San Francisco has a unique law, the San Francisco Paid Parental Leave Ordinance (PPLO). This law requires employers to provide even more pay during your parental leave than what the state requires. It requires your employer to add to the money you receive from the state PFL program.31

The goal of this law is to allow you to receive up to 100% of your normal weekly wages while you take bonding leave. Your employer must pay the portion of your wages that PFL doesn’t cover, up to a certain limit.

To get this benefit, both you and your employer have to meet certain rules. Your employer must have 20 or more employees working anywhere in the world.

For you to be eligible, you must meet all of the following conditions:32

Here’s how the payment works: your employer pays the difference between your state PFL benefit and your normal gross weekly wages. However, the total amount you receive is subject to a cap.

For 2025, the total combined benefit is capped at $2,402/week.33 The combination of your PFL payment and your employer’s supplemental payment cannot exceed this amount.

There are a few steps you need to take to get this supplemental pay.

First, you must apply for and be approved for PFL by the state’s Employment Development Department (EDD). The EDD will send you a “Notice of Computation” that shows your weekly PFL benefit amount.

Next, you need to complete the special San Francisco Paid Parental Leave Form, which your employer should give you.

You then submit this completed form along with your EDD Notice of Computation to your employer. This allows them to calculate the correct supplemental amount they need to pay you.

What to Do if You’re Facing Retaliation Related to Maternity Leave, Paternity Leave or Pregnancy Leave

Even with California’s strong legal protections, some employers may still deny your lawful leave request. They might try to cut your leave short or retaliate against you for becoming pregnant or taking time to bond with your child.

This retaliation can take many forms, including a demotion, harassment, a negative performance review, or even being fired.

If you believe your employer has violated your rights, you need to act quickly and carefully to protect yourself.

First, document every single detail. Your own meticulous records are the most crucial evidence you can have for a potential legal claim. Here’s what to focus on:

Your next critical step is to talk with an experienced California employment lawyer.

An attorney can analyze the facts of your case to see if your rights were violated. They can explain your legal options and help you decide on the best path forward.

Many employment lawyers offer a free first consultation. They also often work on a contingency basis, which means you don’t pay any attorney’s fees unless they obtain money for you.

If you decide to pursue a legal claim, you must be aware of the strict deadlines, known as statutes of limitations. The process is different depending on which law was violated.

Let’s start with California’s laws. Claims for violations of the California Family Rights Act (CFRA) and the Pregnancy Disability Leave (PDL) law are handled through the Fair Employment and Housing Act (FEHA).

This is a two-step process. First, you must file a formal complaint with the California Civil Rights Department (CRD). This must be done within three years of the illegal action.34

After the CRD completes its process, it will issue you a “right-to-sue” notice. You then have one year from the date of that notice to file a lawsuit in court.35

The federal Family and Medical Leave Act (FMLA), however, has a different and more direct process. You do not need to file a complaint with a state agency first.36

Instead, you file a lawsuit directly in court. The deadline is two years from the date of the last illegal action. This deadline extends to three years if you can prove the employer’s violation was willful, meaning they knew they were breaking the law or showed reckless disregard for it.37

Because these deadlines are complex and missing them can permanently erase your right to seek justice, it is vital to act quickly and consult with an attorney.

Potential Damages for Pregnancy or Child-bonding Leave Claims

If your employer illegally denied your leave or retaliated against you, you may be entitled to recover money for the harm you’ve suffered.

California law provides several types of monetary awards, called damages. These are designed to make you whole for your losses and hold your employer accountable.

The specific damages you can recover will depend on the facts of your case, but they often include the following:

Answers to Common Questions About Maternity, Paternity, and Pregnancy Leave in California

Here are answers to some common questions about California’s pregnancy, maternity, and paternity leave laws.

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