Whether a woman is at the end of her pregnancy or she is adopting a child tomorrow, all employees qualify for maternity leave when a new child enters the home. For employers, this means that you need to be aware of the different types of leave that may be taken as well as what to do when your employee comes back. When it comes to maternity leave in California, time off can range anywhere from 12 weeks and on, depending on the circumstances at hand. As an employer, being prepared to handle an essential employee’s leave and offer them the benefits they need while they do so is vital to your business running smoothly.

What Is Maternity Leave?

Maternity leave is the time granted to a woman near the end of her pregnancy and after birth to take care of her new child. It can also be taken by mothers who are adopting or having a new foster child placed into their care. Maternity leave allows women to take time off that’s needed to care for their children while still protecting their job and guaranteeing them a spot when they return. In some cases, women may also qualify for paid leave when they have a child. Through the law, there are multiple different kinds of leave a mother can take when she has a new child. Therefore, any of the forms of leave she decides to take is technically considered maternity leave.

How Much Time Does an Employee Get Off for Maternity Leave in California?

Every state has different legislation regarding maternity leave and how long mothers can have away from work. In California, there are multiple types of maternity leave that can be taken by women, depending on what their employers offer and what works best for their current situation. Therefore, whatever type of maternity leave a woman takes will determine how much time she can take off. Most basic types of maternity leave are around 12 weeks of unpaid time off with guaranteed job protection. In some cases, some employers do offer paid maternity leave, but it is not obligated by California law.

The Different Forms of Maternity Leave

Every employer is required to offer some form of maternity leave for mothers in their business. In California, the most common types of maternity leave include:

  • CFRA (California Family Rights Act) LeaveCFRA leave, often referred to as family leave, is one of the most popular forms of maternity leave taken in California. As of 2021, the CFRA requires any business with 5 or more employees to grant protected leave for eligible employees. To be eligible, an employee needs to have worked for at least 12 months and put in at least 1,250 hours of service with their employer. The employee must also meet one of the qualifications for CFRA leave, which, in this case, would be bonding with a new child. CFRA family leave grants 12 weeks of unpaid time to new mothers who just gave birth, adopted, or had a new foster child transferred to their home.
  • Pregnancy Disability LeavePregnancy disability leave is granted to women who become disabled during the birth of their child, their pregnancy, or from a medical condition that arose due to their pregnancy. In the eyes of California law, a woman is considered disabled if her doctor’s opinion indicates that, she is unable to perform essential aspects of her job, or if she is having a difficult pregnancy. A difficult pregnancy may refer to, for example, a woman in her later terms who was put on bed rest. Pregnancy disability leave is usually granted for as long as the disability is causing negative effects on the employee. Some common complications from pregnancy that may qualify towards pregnancy disability include:
    • Serious morning sickness
    • Preeclampsia
    • Physician-recommended bed rest
    • Gestational diabetes
    • Miscarriage
  • Reasonable Accommodation LeaveReasonable accommodation leave is a type of maternity leave that is less commonly seen. This is because this form of leave covers a variety of aspects of the workplace to help employees perform their jobs. In addition to helping create a more comfortable workspace for employees who may need it, reasonable accommodation leave can also grant time off to an employee who is unable to perform their essential job functions. Pregnancy isn’t easy and more often than not, your employees may need some extra time to get back to themselves before they can return to work. When other forms of leave have already been taken, reasonable accommodation leave is often used by mothers who need a flexible work schedule or more time to heal. Reasonable accommodation leave can be taken in addition to the basic CFRA family leave.

Will an Employee Get Their Job Back After Maternity Leave?

Most forms of maternity leave also offer job protection for the extent of the leave that’s being taken. Under the federal regulations of FMLA and the state regulations of CFRA, a woman that takes maternity leave will have the right to be reinstated when she returns. While there is job protection, it is possible that during the time an employee was gone, the company found a new way to function or has replaced them. If that’s the case, an employer still has to reinstate their employee with a job that is related to their old one that provides similar pay, benefits, and the same location of work.

Employers and Maternity Leave

Maternity leave comes in many forms and often carries small details and regulations for your employees that need to be paid attention to. As an employer, knowing what kind of leave your employees choose to take, how it works, and what to do when they come back are all important aspects to keep your business running smoothly.

At Fishman, Larsen, Callister — Attorneys at Law, we understand how difficult organizing and running a business can be. That’s why we offer our legal services to employers throughout California. From helping you understand employment law to assisting you through litigation, our experienced team can help with a wide range of legal aspects of your business. Contact us today to find out how we may be able to assist you and your business.