Maternity Leave Laws in California: Your Full Entitlements

Last reviewed: June 2026

Quick Answer

California grants up to 16 weeks of job-protected maternity leave under the Pregnant Workers Fairness Act (PWFA) and California Family Rights Act (CFRA). You must work for an employer with 50+ employees, have worked there at least 12 months, and worked at least 1,250 hours in the past 12 months to qualify. You can take leave as paid disability (4-6 weeks via State Disability Insurance) plus unpaid CFRA leave (up to 12 weeks), totaling up to 16 weeks.

Key Facts

•California grants up to 16 weeks of job-protected maternity leave under the Pregnant Workers Fairness Act (PWFA) and California Family Rights Act (CFRA).
•You must work for an employer with 50+ employees, have worked there at least 12 months, and worked at least 1,250 hours in the past 12 months to qualify.
•Employer size: 50+ employees within 75 miles.

Federal Law: The Baseline

The federal Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., requires employers with 50+ employees within 75 miles to provide up to 12 weeks of unpaid, job-protected leave for a qualifying birth. The FMLA applies to bonding with a newborn and recovery from childbirth. However, the FMLA does not provide paid leave—employers may require use of accrued paid time off. The U.S. Department of Labor enforces the FMLA and will investigate complaints through the Wage and Hour Division. The federal baseline provides no specific paid maternity benefit; that responsibility falls to individual employers or state programs. While the FMLA guarantees job protection, it does not address wage replacement during leave. The Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), requires that pregnant employees be treated as well as other temporarily disabled employees for disability benefits purposes, which some states use to require temporary disability payments.

California Law: What's Different

California's maternity leave framework is substantially stronger than the federal FMLA in both paid leave and duration. California Government Code § 12945.2 (CFRA) provides up to 12 weeks of unpaid, job-protected leave for a birth, adoption, or family member's serious health condition. California also provides State Disability Insurance (SDI) under Unemployment Insurance Code § 2626 et seq., which covers disability due to pregnancy, childbirth, and recovery—typically 4 weeks before delivery and 6-8 weeks after, depending on delivery type. This means a worker can receive up to 6 weeks of paid leave through SDI plus 12 weeks of unpaid CFRA leave, totaling approximately 16-18 weeks of protected time. California's coverage threshold is the same as FMLA (50+ employees within 75 miles), but California's definition of eligible employees is slightly broader: you must work for a covered employer, have been employed for at least 12 months, and have worked at least 1,250 hours in the past 12 months. A critical state-specific protection is California Government Code § 12945.1 (Pregnant Workers Fairness Act, effective January 1, 2023), which requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions—even before leave is needed—and prohibits adverse action based on a request for accommodation. This is stronger than federal law and applies to employers with any number of employees. Additionally, California's paid family leave program, under Unemployment Insurance Code § 3301 et seq., allows workers to take paid leave to bond with a newborn for up to 8 weeks at 55-60% of average weekly wages (up to a maximum), which can be used in addition to or instead of unpaid CFRA leave. The state also provides for pregnancy discrimination claims under California Government Code § 12940, which prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Remedies include back pay, reinstatement, compensatory damages (including emotional distress), and attorney's fees under California Code of Civil Procedure § 1021.5.

Key Numbers & Thresholds

Employer size: 50+ employees within 75 miles. Tenure requirement: 12 months of employment with the employer. Hours worked: at least 1,250 hours in the past 12 months (approximately 24 hours per week). State Disability Insurance (SDI) paid leave: up to 6 weeks post-delivery (4 weeks pre-delivery optional). California Family Rights Act (CFRA) unpaid leave: up to 12 weeks job-protected. Combined maternity leave entitlement: up to 16-18 weeks (combining SDI and CFRA). Paid Family Leave (PFL): up to 8 weeks at 55-60% of average weekly wages, with a weekly maximum benefit amount (adjust yearly; currently $1,540 per week as of 2024). Filing deadline for complaint with California Civil Rights Department: within 3 years of the discriminatory act under Government Code § 12960. PWFA reasonable accommodation must be provided or employer must engage in interactive process and document denial with legitimate, non-discriminatory reason.

Exceptions & Special Cases

California maternity leave protections do not apply to employers with fewer than 50 employees within a 75-mile radius, though these small employers may still be required to comply with pregnancy discrimination laws and the Pregnant Workers Fairness Act (PWFA applies to all employers). Independent contractors and temporary workers employed through staffing agencies typically are not entitled to CFRA leave unless the staffing agency is deemed the joint employer; however, they may still be entitled to reasonable accommodations under the PWFA. Employees who have not worked 12 months with the employer or 1,250 hours in the past 12 months are ineligible for CFRA leave but remain protected against pregnancy discrimination. State Disability Insurance (SDI) is funded through employee contributions and is not available to employees exempt from SDI (primarily federal employees, railroad employees, and employees of certain out-of-state employers). An employer may require an employee to use accrued paid time off (PTO) or vacation to extend the paid portion of leave beyond SDI, subject to the employer's policies. However, the employer cannot force the employee to use PTO in a way that reduces the total leave available—the 12 weeks of CFRA leave remains available separately. Employees may be required to provide medical certification of pregnancy and anticipated delivery date. Federal employees and those in military service may have different leave entitlements under separate federal programs. Union employees may be entitled to additional leave or different leave terms under collective bargaining agreements. Employers with fewer than 5 employees are exempt from SDI penalties for certain requirements, but maternity disability leave and CFRA protections still apply. The PWFA carve-out: employers need not provide accommodations that cause an undue hardship, but the burden is on the employer to prove this with documentation.

What to Do If Your Rights Are Violated

Step 1 — Document Everything. From the moment you learn you are pregnant, maintain detailed records: save the date you informed your employer, keep copies of any written communications (emails, texts, letters) discussing your pregnancy or maternity leave plans, document any adverse actions (denied accommodations, unfavorable scheduling changes, negative performance reviews that coincide with pregnancy disclosure, demotion, denial of promotion, or termination), record the names and dates of conversations with supervisors or HR, save copies of your job description and performance evaluations before and after pregnancy disclosure, and keep track of your work hours (timesheets or pay stubs) to establish the 1,250-hour threshold if needed. Take screenshots of emails and create a timeline. If an employer denies a reasonable accommodation, request the denial in writing and ask for the business reason.

Step 2 — Initiate Internal Complaint Process. Before filing externally, consider making a written complaint to your HR department or direct supervisor detailing the violation (e.g., "On [date], I requested [accommodation], and on [date] I was told [denial reason]. This appears to violate the Pregnant Workers Fairness Act and California law. I request [specific remedy, e.g., reinstatement to original duties, accommodation approval]"). Send this via email to create a paper trail. Keep a copy for yourself. Request a response in writing within 10 business days. Document what happens next—whether the company engages in an interactive process, denies the request, or grants the accommodation. This internal complaint step is not legally required but demonstrates good faith and may encourage swift resolution; it also shows a timeline useful for later claims.

Step 3 — File a Complaint with the Right Agency. You have two primary options in California: (a) California Civil Rights Department (formerly DFEH), or (b) the federal EEOC (which will cross-file your complaint with the CRD). For California-specific maternity claims under PWFA, CFRA, and pregnancy discrimination (Gov. Code § 12940), file with the California Civil Rights Department online at www.dfeh.ca.gov, by mail to the nearest district office (find your office at www.dfeh.ca.gov/contact), or by phone at 1-888-743-3373 (toll-free). You have up to 3 years to file from the date of the discriminatory act. For FMLA claims (federal), you can file with the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd/contact or by calling 1-866-4-USDOL (1-866-487-8365). When you file, provide: your name, contact information, employer name and address, dates of employment, a clear description of the violation (e.g., "I was denied maternity leave in violation of the CFRA" or "I was terminated after disclosing pregnancy"), the dates the violation occurred, the names of people involved (supervisor, HR personnel), what you want as a remedy (reinstatement, back pay, compensatory damages), and copies of supporting documentation (emails, denial letters, medical certifications). The CRD will assign your case a number; keep this for reference.

Step 4 — Understand the Investigation Process and Timeline. Once you file with the CRD, you will receive an acknowledgment letter with your case number. The CRD typically has up to 120 days to complete an investigation, though it may extend. During investigation, the CRD will contact your employer for their response and any evidence they have. You may be asked to provide additional documentation or clarification. The CRD will interview witnesses if necessary. Expect this phase to take 2-6 months. At the end of investigation, the CRD issues a determination: (a) no probable cause (case may be closed unless you request a "Right to Sue" letter), or (b) probable cause of discrimination (the CRD may attempt to conciliate, bringing parties together to negotiate a settlement). If conciliation fails and the CRD finds probable cause, you receive a "Right to Sue" letter, which gives you the right to file a civil lawsuit in court. You then have one year from receiving the Right to Sue letter to sue in California Superior Court.

Step 5 — Consult an Employment Law Attorney. Contact an employment law attorney specializing in pregnancy discrimination or maternity leave before or immediately after filing your complaint, especially if: (a) you were terminated, (b) you were denied leave you believe you were entitled to, (c) your employer retaliated against you for requesting accommodation or taking leave, (d) the denial of accommodation caused physical or emotional harm, or (e) you have damages (lost wages, medical expenses, emotional distress). Many employment attorneys work on contingency, meaning they take a percentage of your settlement or judgment rather than an upfront fee. During your free consultation, bring all documentation you've gathered. An attorney can review whether your case is strong, advise on damages you might recover, and represent you in negotiations, the CRD process, or court litigation. An attorney can also advise whether you have a case under both state and federal law (CFRA, PWFA, PDA, FMLA, and state tort law).

Relevant Agency

California Civil Rights Department (CRD)

https://www.dfeh.ca.gov

1-888-743-3373

If you're unsure whether your maternity leave was handled correctly, an employment law attorney can review your situation for free and explain your rights.

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Frequently Asked Questions

If I work for a small employer with fewer than 50 employees, am I entitled to any maternity leave in California?

No, you are not entitled to unpaid CFRA leave from a small employer, as the CFRA requires 50+ employees within 75 miles. However, you are still protected against pregnancy discrimination under California Government Code § 12940, which applies to all employers regardless of size. You are also entitled to reasonable accommodations for pregnancy-related conditions under the Pregnant Workers Fairness Act (PWFA), which applies to employers of any size. Additionally, if your employer provides disability insurance or has a temporary disability insurance program, you may be eligible for paid leave during your disability from pregnancy and childbirth. Some small employers voluntarily provide maternity leave beyond the law's requirements. Consult your employee handbook or ask HR about any company-specific maternity policies. If your small employer denies you an accommodation or discriminates against you based on pregnancy, you can file a complaint with the California Civil Rights Department.

Can my employer require me to use paid time off (vacation or PTO) during my maternity leave?

Yes, your employer can require you to use accrued PTO or vacation time concurrently with your maternity leave under certain circumstances, but with important limits. During the period you are receiving State Disability Insurance (SDI) benefits (typically 6 weeks post-delivery), your employer may require you to use accrued PTO to supplement your SDI payments if the total does not exceed your normal wage. However, the 12 weeks of unpaid CFRA leave remains separate—your employer cannot require you to use PTO to convert it into paid leave. In practice, many employers' policies allow employees to use accrued PTO to extend the paid portion of leave, which is to your benefit. If your employer's policy requires use of PTO in a way that exhausts your accrued time or reduces your total protected leave, that may violate state law. Review your company's maternity leave and PTO policy in your employee handbook, and if you have questions, ask HR in writing to confirm how PTO will be handled during your leave. If your employer denies PTO use or handles it in a way that reduces your protected leave, consult an employment attorney.

What happens to my health insurance and benefits while I'm on maternity leave in California?

Your employer must continue to provide health insurance coverage during your maternity leave on the same terms as if you were actively working. This is required under both CFRA and FMLA. If you normally pay a portion of your health insurance premium (through payroll deduction), you remain responsible for those payments during leave. You should arrange with your employer how you will pay your share—typically through continuing payroll deduction, making manual payments, or other methods. If you cannot pay and your coverage lapses, you may be able to reinstate coverage when you return to work. Verify with your HR department before your leave begins regarding premium payment methods during leave. Your employer may also be required to continue other benefits such as life insurance, disability insurance, or retirement plan contributions, depending on the benefit and employer policy; ask HR specifically about each benefit. If your employer fails to continue your health insurance during CFRA or FMLA leave, that is a violation you can report to the California Civil Rights Department or the U.S. Department of Labor.

Can my employer terminate me or reduce my hours because I am pregnant or took maternity leave?

No. California law strictly prohibits termination, demotion, reduction in hours, denial of promotion, or any adverse employment action based on pregnancy, childbirth, or related medical conditions. This protection exists under California Government Code § 12940 (pregnancy discrimination) and applies to all employers, regardless of size. If you have 50+ employees and meet tenure/hours requirements, you also have CFRA protection, which means you cannot be terminated for taking protected maternity leave. Additionally, California law prohibits retaliation—your employer cannot take adverse action against you for requesting a maternity accommodation, filing a complaint about pregnancy discrimination, or taking protected leave. If your employer terminates you, reduces your hours, denies a promotion, or takes other negative action shortly after you announce your pregnancy, take leave, or request accommodation, that is strong evidence of unlawful discrimination or retaliation. Document the timing and any statements your employer made. Report it immediately to HR in writing and then file a complaint with the California Civil Rights Department (www.dfeh.ca.gov, 1-888-743-3373) within 3 years of the act. Consult an employment attorney, as termination based on pregnancy often leads to significant damages including lost wages, reinstatement, and compensation for emotional distress.

If I did not work 1,250 hours in the past 12 months, can I still take maternity leave under California law?

No, if you do not meet the 1,250-hour threshold (approximately 24 hours per week), you do not qualify for unpaid CFRA leave. However, you still have other protections: (1) You cannot be discriminated against or terminated based on pregnancy under California Government Code § 12940, even if you don't meet the hours threshold. (2) You are entitled to reasonable accommodations for pregnancy-related conditions under the Pregnant Workers Fairness Act (PWFA), which applies regardless of hours worked or tenure. (3) If you are temporarily disabled due to pregnancy or childbirth, you may be eligible for State Disability Insurance (SDI) benefits during the disability period, which provides partial wage replacement for 4-6 weeks. (4) Your employer's maternity leave policy, if it exists, may provide leave beyond the legal minimum. Check your employee handbook. If you are a part-time employee with fewer than 1,250 hours, discuss your specific situation with HR and request any accommodations you need. If your employer denies you accommodations or discriminates against you, file a complaint with the California Civil Rights Department. Many part-time workers have recovered damages under pregnancy discrimination and PWFA claims even without CFRA eligibility.

Sources & References

U.S.C. § 2601
U.S.C. § 2000e(k)
s maternity leave framework is substantially stronger than the federal FMLA in both paid leave and duration. California Government Code § 12945.2
under Unemployment Insurance Code § 2626
specific protection is California Government Code § 12945.1
under Unemployment Insurance Code § 3301

Informational only. Not legal advice. Laws change — always verify with a licensed attorney.

Editorial standards: This guide is reviewed against primary government sources and cites 6 statutes. Last reviewed June 2026. Scheduled for re-verification by June 2027.

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