Pregnancy-Related Leave FAQ

Firstly, it is illegal for an employer to discriminate against pregnant employees. This includes failure to hire, termination, demotions, or other adverse actions taken against employees due to pregnancy. Additionally, most employees have the right to three paid sick days off, which can be used for pregnancy-related illnesses such as morning sickness. If your employer has at least 5 employees, you are also entitled to further job-protected time off for pregnancy-related conditions.

No, you are not required to tell your employer you are pregnant. However, if you are requesting time off or reasonable accommodations to be made, it is advisable to let your work know as soon as possible. If you’ve notified your employer of your pregnancy and have suffered discrimination as a result, a qualified Orange County pregnancy discrimination attorney can help you assert your rights.

Pregnancy disability leave is unpaid leave that you are entitled to both during your pregnancy and after to protect your health. Under the California Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA), employees are entitled to 12 weeks of unpaid leave for medical reasons, including those related to pregnancy, during which your job is protected.

The CFRA applies to employers with five or more employees, while the FMLA only covers employers with at least 50 employees. As such in California, unless subject to other exemptions, if your employer has at least five employees (nationwide) you are entitled to leave under state law.

Bonding leave is another type of job-protected leave, that allows each parent to take 12 weeks in order to bond with a new child. To qualify for this leave, you must have worked for your employer for at least one year, and worked at least 1250 hours in the year before your leave starts. This also applies to employers who have at least five employees. If you believe you qualified for pregnancy-related leave and were improperly denied, it is important to speak with a knowledgeable Southern California employment law attorney as soon as possible to determine your legal options.

If you meet the above qualifications, yes. Pregnancy disability leave often begins four weeks before your due date, barring complications, and continues 6 to 8 weeks post-partum, depending on the manner of delivery. The timeframe of disability leave can also fluctuate based on your medical conditions. Recovery periods after birth, as well as any other determinations regarding how and when you need to take time away from work, are determined by your healthcare provider.

Bonding leave begins after you have recovered from your disability. This leave can be taken any time before a child turns one, or within the first year of placement for adoptive or foster parents.

In California, you can receive up to 60 or 70 percent of your wages through State Disability Insurance (SDI) while on pregnancy disability leave. Paid Family Leave (PFL) provides 8 weeks of partial pay during bonding leave.