Los Angeles Pregnancy Discrimination Lawyer Explains California Pregnancy Leave Laws
Expecting Mothers and Fathers Have Maternity and Paternity Leave Rights
If you are a pregnant worker in California, you have both state and federal employee rights that protect your ability to take pregnancy leave without penalty. California is one the best states in the nation for pregnant workers and workers planning on having or adopting children. If you are pregnant or planning a pregnancy, a maternity leave attorney at the Los Angeles employment law firm of Kesluk, Silverstein & Jacob is prepared to help you make sure your employer respects your right to take the disability leave or pregnancy leave you are entitled to under California pregnancy leave laws.
Our Los Angeles employment lawyers have decades of experience helping workers in California. Having represented both employees and employers throughout the LA area, we have a unique perspective of both legal sides in employment law claims. If you are experiencing pregnancy discrimination because your employer is denying your right to pregnancy leave in CA, our Los Angeles employment attorneys have the insight to fight for your rights.
What are Federal and California Pregnancy Leave Laws?
Most workers in the United States only have the Family and Medical Leave Act (FMLA), a set of federal laws that govern how much leave employers are required to allow for family and medical reasons. Fortunately, California workers have additional pregnancy labor laws, including the California Family Rights Act (CFRA), Pregnancy Disability Leave law (PDL) and pregnancy disability leave law for paid and unpaid leave.
How Much Time Off for Pregnancy in California?
Workers employed at a California company with 50 or more employees may qualify under California maternity leave laws for up to seven months off work. However, most people do not qualify for all of the pregnancy leave available. The following pregnancy labor laws govern pregnancy leave in CA for mothers and fathers:
- Family and Medical Leave Act – The FMLA allows for twelve weeks of unpaid time off during a year for child adoption, pregnancy and childbirth for all eligible US employees at most companies. This is typically the best option for Los Angeles fathers seeking paternity leave. The FMLA also provides mothers leave for pregnancy-related medical conditions.
- California Family Rights Act – The CFRA takes the place of the FMLA in California. Through this law, employees are also allowed to take 12 weeks off work, unpaid. This is not in addition to the time off that FMLA offers. The CFRA does not allow employees to use this time for pregnancy disability leave.
- Pregnancy Disability Leave – If you become temporarily disabled during or after your pregnancy and unable to perform your work duties, the California Fair Employment and Housing Act provides unpaid maternity disability leave that allows you to take an additional four months off time off work to recover. Employees may be entitled to use paid vacation time to offset the unpaid pregnancy disability leave law. Some California employers may also have to provide more leave under the PDL if the company provides a longer time off for other types of disability leaves.
- Paid Short-Term Disability and Family Leave – Most employers in California are required to carry short-term disability insurance (SDI). SDI allows employees to take paid time off if they are disabled due to pregnancy and childbirth. Paid family leave (PFL) in California for pregnancy may also provide financial benefits from a state insurance fund based on a percentage of your usual earnings for a maximum of six weeks. This may be the best option for workers whose employers do not provide maternity leave pay.
Can My Employer Deny Maternity Leave? Ask a Los Angeles Pregnancy Discrimination Lawyer
Our Los Angeles employment attorneys are dedicated to fighting pregnancy discrimination and helping employees get the full pregnancy leave they need under California’s uncommon and complex maternity leave laws. We believe that taking care of yourself and your newborn child is incredibly important and want to help you make sure you are able to get the time you deserve for your health and your family. Contact our law office by calling or submitting a free claim consultation form to speak with a pregnancy discrimination lawyer in Los Angeles today.