How long is maternity leave in California?

Under the California Family Rights Act (CFRA), employers with at least five employees must provide 12 weeks of unpaid maternity leave to new moms who worked at least 1,250 hours in the last year for the employer. It does not matter whether you gave birth to your child, adopted your child, or are fostering a child.

Even though maternity leave does not have to be paid in California, employers must continue providing you health insurance benefits and permit you to return to your same (or similar) job. Furthermore, you may be able to get partial payment for eight of your 12 weeks of maternity leave through the state’s Paid Family Leave (PFL) program.

Note that these rules apply equally to new dads in California.

In addition, expecting moms can take up to four months of unpaid pregnancy disability leave (PDL) if they cannot work due to pregnancy-related conditions or childbirth. Plus if you need additional time off due to a qualified disability, you may be eligible for “reasonable accommodation leave” for the duration of your impairment.

The following table summarizes your different options for taking leave from work due to pregnancy or parenthood.

Here at Shouse Law Group, we have represented countless new and expecting mothers whose employers tried to deny them the maternity leave they deserve under the law. In our experience, we can usually achieve a favorable resolution – including significant money damages – through negotiation alone and avoiding court altogether.

In this article, our California employment law attorneys discuss:

• 1. How does maternity leave work?
• 2. Is it paid?
• 3. How do I request it?
• 4. Can I get fired for taking maternity leave?
• 5. Can I pump breast milk at work?
• 6. Can I sue my employer?
• 7. What is pregnancy disability leave?
• 8. What is reasonable accommodation leave?
• Additional Resources

1. How does maternity leave work?

Under the California Family Rights Act (CFRA), you may take up to 12 weeks of unpaid family leave a year if:

1. Your employer employs at least 5 people; and
2. You have worked for your employer for more than 12 months prior to the family leave date; and
3. You worked at least 1,250 hours for your employer in the last 12-month period; and
4. You have a new child by birth, adoption, or foster care placement.¹

Family leave can be taken in increments throughout one year after the child’s arrival. Though employers can require that only two of these increments last less than two weeks.

After Maternity Leave Ends

Once family leave ends, you must get your same or similar job back – even if someone else was filling in for you or your position was restructured.

If you are given a new job after being on leave, all of the following must be equivalent or substantially similar to your old job:

• pay and benefits
• schedule/shifts
• location
• working conditions
• status, rights, perks, authority
• skill, responsibility, and effort

Employers must also give you a reasonable opportunity to catch up on any training.²

2. Is it paid?

California employers do not have to give paid maternity leave (though many choose to). Employers just have to continue your health insurance and leave your job open for when you return. Though many of our clients are eligible for some money through the state’s Paid Family Leave (PFL) program.

Under PFL, you may be able to get partial pay for eight weeks to bond with a new child (“bonding leave”). As of 2025, workers earning less than $63,000 a year receive up to 90% of their wages; otherwise, workers receive up to 70% of their wages with a $1,681 weekly maximum.

To obtain PFL, file a claim online or file a claim by mail with the Employment Development Department. Learn more about the PDL claims process. Note that PFL is not job-protected leave.

Other Ways of Receiving Pay on Maternity Leave

• Accrued Paid Time Off. You may use your vacation or sick days towards maternity leave. Employers may even require you to use your accrued paid leave.
• Health insurance. Companies must keep you on their group health insurance at the same contribution rates.
• Temporary Disability Pay. Employers must pay you if they would pay similarly-situated employees on disability leave for non-pregnancy/birth-related conditions.
• State Disability Insurance (SDI). If you are eligible for SDI, you must have paid $300 or more into the program for five to 18 months before the claim’s start date. Plus you must have a pregnancy- or birth-related short-term disability. The maximum weekly salary is $1,681 for 2025.³

3. How do I request it?

Many of our clients work for California companies that have handbooks with instructions on how to request maternity leave. Some requests must be written. Other businesses allow oral requests.

You should give your boss reasonable notice, which is usually no fewer than 30 days. If a medical emergency arises (such as a premature birth or C-section), then tell them as soon as possible.

You should also specify how much leave you will need. For Paid Family Leave (discussed above), you may have to provide a note from your healthcare provider.⁴

4. Can I get fired for taking maternity leave?

If you take family leave in California, you may be fired or demoted if either:

1. Your company employs less than 5; or
2. You worked 12 months or less for the company; or
3. You worked less than 1,250 hours in the prior 12 months.

Otherwise, firing or demoting you in violation of your leave rights is a form of discrimination.

Note that California’s anti-discrimination laws do not protect people employed by their spouses, parents, or children.⁵ Plus, independent contractors are not entitled to time off.⁶

An employment attorney can help new moms sue their employer if they are denied maternity leave.

5. Can I pump breast milk at work?

Yes. In California, your employer must give you time to pump breast milk when you return to work. If you pump outside of your normal break times, your employer does not have to pay you during that time.

In addition, you must be provided a space to pump that is :

• private, clean, and safe,
• has a flat surface and a place to sit,
• has access to electricity, and
• has a sink and a refrigerator (but is not a bathroom).⁷

6. Can I sue my employer?

If your employer in California is refusing to provide you maternity leave or is otherwise violating the law, first try to resolve the matter in-house such as by meeting with the manager.

If that does not work, you must submit a complaint to California’s Civil Rights Department (CRD). Depending on the case, you usually have one or three years to file this complaint after the date of the alleged violation – so be sure to contact an attorney to determine which statute of limitations applies to you.⁸

If the CRD cannot resolve the dispute, it will issue you a right-to-sue letter. Only then can we formally sue the company. In a maternity leave lawsuit, we would seek such remedies as:

• Compensatory damages (including lost wages and pain and suffering);
• Punitive damages (to punish your employer); and/or
• Job reinstatement

Meanwhile, your employer may not fire or otherwise retaliate against you just for filing a claim against them.⁹

7. What is pregnancy disability leave?

In California, you can take up to four months of unpaid pregnancy disability leave (PDL) if:

1. You are mentally or physically disabled from the pregnancy, birth, or related medical condition; and either
   • Your company employs at least five people (with the exception of certain religious nonprofits); or
   • Your employer is the state or local government; or
   • Your employer is an agent to a covered employer.

Both full- and part-time workers qualify for pregnancy leave, as do both long-term and recently-hired workers. Also, you can take the time off in increments.¹⁰

Note that companies with less than five workers may fire or demote you for taking PDL. Certain religious nonprofits are never required to provide PDL.

Qualifying Disabilities

You are disabled if your doctor believes you cannot carry out an essential job function. Common PDL-qualifying disabilities are:

• Severe morning sickness
• Preeclampsia / hypertension
• Gestational diabetes
• Postpartum depression
• Miscarriage
• Giving birth
• Miscarriage (other end of pregnancy) and recovery
• Prenatal and postnatal care
• Other health conditions requiring bed rest

Note that pregnant employees who are transgender men or non-binary people are also protected under California pregnancy disability leave laws.¹¹

Most of our clients qualify for PDL by week 36 of the pregnancy (about four weeks before the due date).

After PDL Ends

Once PDL ends, you must get your same – or similar – job back unless there is a legitimate business reason (such as mass layoffs). You can request that this guarantee be in writing.¹²

Most California businesses with 5 or more workers must provide 12 weeks of parental leave (“CFRA leave”) to eligible employees.

8. What is reasonable accommodation leave?

This is time off for impaired workers in California to receive treatment for and recover from:

• physical disabilities that affect at least one of your body’s major systems and limit a major life activity; or
• mental disabilities that limit a major life activity.

Eligibility Requirements

If you are pregnant or a new parent, you may be eligible for this time off if:

1. California’s anti-discrimination laws cover you; and
2. You cannot perform essential job functions due to a physical or mental disability; and
3. You can perform essential job functions if given leave; and
4. The leave will not cause your employer undue hardship.

If you meet the eligibility requirements, you can take reasonable accommodation leave in addition to PDL and family leave. This time off may be paid or unpaid depending on your company.¹³

Courts have held that reasonable accommodation leave should be a last resort under state law.¹⁴

Additional Resources

For information beyond California maternity laws, refer to the following:

• Expectant Parent and Parenting Support Hub – Help by the California Department of Social Services.
• Find help: First Time Parents/Caregivers Support – Compilation of organizations curated by First 5 California.
• MotherToBaby California – Information on medications and other exposures during pregnancy and while breastfeeding.
• Assistance for Single Moms – List compiled by singlemoms.com.
• Help for single moms in California: 35 assistance programs – List compiled by wealthysinglemommy.com.

---

Legal References

1. Govt. Code 12945.2;
2. Cal. Code Regs., title 2, 11089; see the Employment Development Department (EDD); see the Family and Medical Leave Act (FMLA) – federal law.
3. Cal. Code Regs., title 2, 11044 & 11069. Unemployment Insurance Code 2655 & 3301; Govt. Code 12945 & 12945.2. Benefits and Premium Amounts – Disability Insurance Elective Coverage, EDD.
4. Cal. Code Regs., title 2, 11050, 11091, 11042 & 11035. Govt. Code 12926 & 12925.
5. Govt. Code 12926.
6. Cal. Code Regs., title 2, 11008.
7. Labor Code 1030.
8. Govt. Code 12960.
9. Govt. Code 12940, 12945, 12960, 12965 & 12926. Labor Code 1030. 29 U.S.C. § 207. Cal. Code Regs., title 2, 11008. CACI No. 2500. See also: Johnson Controls v. Fair Employment & Hous. Com (1990) 218 Cal.App.3d 517; Sandell v. Taylor-Listug, Inc. (2010) 188 Cal.App.4th 297; Knight v. Hayward Unified School Dist. (2005) 132 Cal.App.4th 121; Reno v. Baird (1998) 18 Cal.4th 640; Jones v. Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158; Le Bourgeois v. Fireplace Mfg. (1998) 68 Cal.App.4th 1049; Page v. Superior Court (1995) 31 Cal.App.4th 1206; Roby v. McKesson Corp. (2009) 47 Cal.4th 686; Shephard v. Loyola Marymount Univ. (2002) 102 Cal.App.4th 837; Sada v. Robert F. Kennedy Med. Ctr. (1997) 56 Cal.App.4th 138; Martin v. Lockheed Missiles & Space Co. (1994) 29 Cal.App.4th 1718; Williams v. City of Belvedere (1999) 72 Cal.App.4th 84.
10. Govt. Code 12945; see the California Family Rights Act (CFRA); California Senate Bill 1383 (2020). See also: California Federal Sav. & Loan Ass’n v. Guerra (1987) 479 U.S. 272; Rental Housing Owners Assn. of Southern Alameda County, Inc. v. City of Hayward (2011) 200 Cal.App.4th 81. Note that the New Parent Leave Act (NPLA) – which applied to business with 20 or more employees – was repealed by SB 1382 (2020) because it is now covered under CFRA.
11. Cal. Code Regs., title 2, 11035.
12. Cal. Code Regs., title 2, 11043.
13. Sanchez v. Swissport, Inc. (2013) 213 Cal.App.4th 1331, 1338-1341 (2013). Cal. Code Regs., title 2, 11068, 11069 & 11065. Govt. Code 12926, 12040.
14. Same. Jensen v. Wells Fargo (2000) 85 Cal.App.4th 245, 263. See also: Nealy v. City of Santa Monica (2015) 234 Cal.App.4th 359; Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215; Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935; Sterling Transit Co. v. Fair Employment Practice Com. (1981) 121 Cal.App.3d 791; Lui v. San Francisco (2012) 211 Cal.App.4th 962; Green v. State (2007) 42 Cal.4th 254; Wilson v. County of Orange (2009) 169 Cal.App.4th 1185; Gelfo v. Lockheed Martin Corp. (2006) 140 Cal.App.4th 34; Swanson v. Morongo Unified School Dist. (2014) 232 Cal.App.4th 954; Brundage v. Hahn (1997) 57 Cal.App.4th 228; Faust v. California Portland Cement Co. (2007) 150 Cal.App.4th 864; Scotch v. Art Institute of California-Orange County, Inc. (2009) 173 Cal.App.4th 986; Swanson v. Morongo Unified School Dist. (2014) 232 Cal.App.4th 954.