How do I apply for maternity leave under California Family Rights Act?
If you are claiming pregnancy leave under the California Family Rights Act (CFRA), your employer will need medical confirmation of your pregnancy from a physician, notice of when you will take leave, periodic updates on your status and when you will begin working again.
An employment lawyer from our experienced Los Angeles employment law firm can help you organize all of the information you will need to bring to your employer to request and uphold your right to maternity leave if you are wrongfully denied.
Is pregnancy leave paid in California?
Some California maternity leave laws, such as Paid Family Leave or your employer’s short-term disability insurance, may allow you to receive partial pay during your maternity leave. The twelve weeks of pregnancy leave under the Family Medical Leave Act (FMLA), California Family Rights Act and four months of Pregnancy Disability Leave (PDL) are unpaid. However, your employer may apply any available sick leave or vacation time you have to your pregnancy leave, in some cases.
If you have a dispute with your employer’s decisions regarding paid or unpaid pregnancy leave, our Los Angeles employment lawyers can help determine if you are entitled to maternity leave pay while on pregnancy leave in California.
Do I have to use all of my pregnancy leave at one time?
You do not have to use all of your pregnancy leave at one time. You can split maternity leave between before and after the pregnancy or use it intermittently before, after or both. This is commonly referred to FMLA intermittent leave.
Will my employer provide health insurance while on maternity leave?
Under the law, you cannot be terminated due to requesting pregnancy leave. However, when you return to your position, you may have different duties or responsibilities than you initially had when you left.
Can I be fired for taking maternity leave in California?
It is unlawful for an employer to take any retaliatory or disciplinary action against an employee for requesting or taking maternity or pregnancy disability leave. If you meet the requirements to take pregnancy leave in CA, your employer cannot deny you maternity leave or maternity leave for fathers.
Types of illegal employer retaliation and pregnancy discrimination include harassment, denying a valid request for pregnancy leave or passing you over for a promotion based on being pregnant. Employers also cannot retaliate against workers, such as wrongful terminations, for reporting violations of California employment laws.
