What to Know

FAQs on Pregnancy and Employment

Pregnancy and Employment.  We represent employees in Los Angeles and everywhere else in California.

If you believe you have been the victim of discrimination, harassment, or retaliation because of your pregnancy, childbirth, or a related medical condition, call us at 888-762-0297 to discuss your situation.

Your initial consultation with an attorney is free.

We are here to help and can help clients throughout all of California.

What rights do I have as a pregnant employee?

When an individual becomes pregnant while employed, there are common questions regarding their rights to medical leave and to take time off to care for their family. Both state and federal laws protect employees from discrimination based on their pregnancy, childbirth or any related medical conditions. This article addresses certain frequently asked questions about pregnancy and employment in the state of California.

Which laws are in place in California in respect of pregnancy disability leave?

A private employer with five or more employees, is required under the California Family Rights Act (CFRA) to provide employees with the right to take up to 12 weeks off. This can be used to bond with a new child, or take care of family members with a serious health condition or their own serious health condition.

Additionally, California law guarantees Pregnancy Disability Leave (PDL)for employees disabled by pregnancy, childbirth, or a related medical condition.

How much time can I take off for maternity leave in California?

In California, up to 4 months of leave is available to employees who are disabled by pregnancy, childbirth or a related medical condition. Additionally, where an employer offers more than four months of leave for other kinds of temporary disabilities, the employer must make the same kind and amount of leave available for workers disabled by pregnancy.

Is there additional time off available after Pregnancy Disability Leave?

Yes, the California Family Rights Act (CFRA) provides an additional 12 weeks of "job-protected leave." This is not pregnancy leave, but it can be - and is, used by employees to bond with a newborn child, or a newly adopted child or a child who has arrived through foster placement. This leave is above and beyond the time provided by pregnancy disability leave. It's also available to an employee with a serious health condition or to care for a family member who has one.

Does my boss have to pay me during pregnancy disability leave?

The short answer is maybe. Employers must be consistent in how they treat workers on medical leave. So, whether your employer has to pay you depends upon your employer's policies of paying workers during other medical leaves.

What other kinds of leave can I take during or after my pregnancy?

You may also qualify for state disability insurance(SDI) or Paid Family Leave(PFL).

For more information

For further information or to discuss your case, call us at 888-762-0297 and ask to speak with an employment law attorney.

When we know your situation better, we can advise you about your rights.

We offer a free consultation.

We take all cases on contingency. We also advance all costs - which are only reimbursed if we successfully recover for you.

We represent clients in Los Angeles, Sacramento, San Diego, San Bernardino, Santa Clara, San Francisco, San Jose, Oakland, Orange County, and Northern and Southern California.

Last updated on August 3, 2022.

Related Articles

Pregnancy Discrimination in the Workplace - California

Intermittent Family and Medical Leave in California

California Paternity Leave

Disability Discrimination Lawsuits in California

Additional Resources

Family and Medical Leave Fact Sheet

Pregnancy Disability Leave Fact Sheet

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