Can I Be Fired for Being on Maternity Leave in California?

The United States has some of the strictest laws about maternity leave in the world. California, New Jersey, Massachusetts, and Rhode Island are the only states that have laws guaranteeing some amount of paid maternity leave. As a result, 25% of American women only take ten days off after having a baby before returning to work. Many women are concerned about losing their jobs if they take maternity leave. If you are having a baby in California, it is important to understand California’s maternity leave laws.

General California Maternity Leave Laws

California is one of the four states in the country that has laws ensuring paid maternity leave. The specific rules vary depending on your employer. State law ensures that you receive up to six weeks each year of partially paid leave. The law is a minimum allowance, however, and your employer may give you more.

Though your company may allow it, California state law does not ensure that you can take paid maternity leave until you have the baby. However, if your pregnancy impedes your ability to complete your usual job tasks, you may be eligible to receive disability benefits, which would give you paid time off. Most people who get disability benefits during their pregnancy begin receiving them around four weeks prior to giving birth.

California law does allow you to take your paid leave in increments. For paid disability leave, you can decide how you want to take the time off and how long each period is. For paid maternity leave you can also take the time in increments but you may need to take it in two-week periods.

Unfortunately, it is rare for an employer to pay your full wages for your time off during maternity leave. Under California law, if you earn less than one-third of the average state quarterly wage, you will receive at least 70% of your normal wage while you are on maternity leave. If you earn more, you will receive at least 60% of your normal wage. Prior to January 2018, state law required that a person receive 55% of his or her normal wage, no matter how much the usual wage was. The change occurred in part because lawmakers realized that, for people who do not earn very much, 55% of their usual wage was not enough to live on.

Can My Employer Fire Me While I Am on Maternity Leave?

California’s Parental Leave Act (PLA), enacted in January 2018, also changed the rules about job security for women on maternity leave. According to our Los Angeles wrongful termination attorneys, as long as you meet certain criteria, California employers cannot fire you for taking maternity leave. The PLA protects your job security as long as:

• You have worked for your current employer for at least one year prior to taking leave.
• You have worked a total of at least 1,250 hours in the past year.
• The company you work for employs at least 20 people within a 75-mile radius or at least 50 people anywhere in the world.

Most California companies and organizations are large enough that the PLA protects their employees. Most California workers, about 80%, meet all three qualifications for PLA.

Who Can Take Maternity Leave?

Some states only allow the mother to take paid maternity leave. In California, both you and your spouse can take paid maternity leave. Each person will receive at least six weeks, so many families decide to use the paid time off back-to-back so one parent is always working and one is always with the baby. You can also receive paid maternity leave in California if you adopt, foster, or use a surrogate for a baby, as long as you have documentation proving you are the legal parent.

Maternity leave is guaranteed by California Law. Contact our firm today if you are having issues or have been treated unfairly by your employer.