Let’s Talk About Maternity Leave in California
By Vanessa Jupe
As one of the most prosperous nations on earth, you may think that the United States of America would have an exceptional maternity leave policy. We know that money doesn't grow on trees, and it takes the commitment, creativity, ingenuity, and innovation of a country's citizens to help a nation reach its potential. It would seem fitting, then, that it would be in a nation's best interest to support its residents in their endeavors to raise intelligent, healthy children that could continue to boost the country's prosperity for many generations to come. Unfortunately, this is not the mindset that permeates the government or constituency of the USA.
We discussed a while back that maternity leave negatively affects a woman's career and earning potential for the rest of her life. At this point, of the 41 wealthiest nations, the USA is the only one without a paid parental leave policy. Thanks to states-rights, however, there are some exceptions to this lack of citizens' equanimity at the national level. Let's turn our attention to California and uncover the relative paradise the state is for mothers.
How much time do you get off for maternity leave in California?
If you're a California resident, you may feel you've won the lottery already because you're living in a state that has offered family leave since the olden days of 2004 (...wait, 2004 was two years after I graduated college. Now I feel old!).
Employers with at least five employees must allow employees to take up to four months of unpaid leave per pregnancy. In addition, California employers with at least 50 employees have to provide up to 12 additional weeks of parental leave to employees covered by the California Family Rights Act (CFRA). Both men and women can use this leave to bond with a new child after its birth, adoption, or foster care placement with the employee. These two types of leave are separate benefits, so employees may be eligible for a total of seven months of time off for pregnancy, childbirth, and parenting.
How much do you get paid for maternity leave in California?
As crumby an answer as this is, the truth is, it depends. Employers are not required to pay employees their wages during maternity leave, but many do. In some cases, you may still be eligible for some form of paid leave as most California employees have a right to California's state disability insurance during their leave. Yes, as weird as it may seem, pregnancy and childbirth are considered disabilities.
How do I qualify for maternity leave in California?
As of January 1, 2021, California has fewer stringent standards that must be met before a parent can qualify for maternity leave in California or any child-bonding leave. The employer must employ at least five people, but they no longer need to be located within California or in a certain proximity to the employee's worksite. The employee must have worked for 12 months or longer for the employer. Fortunately, parents working for the same employer no longer have to split 12 weeks of California Family Rights Act (CFRA) leave in connection with the birth, adoption, or foster care of a child between them. Now, each parent can take 12 weeks of protected leave. Another important change is that employers can no longer deny leave for salaried employees who are among the highest-paid 10% in the company.
If these conditions are met, employers will be required to provide family leave for child bonding to eligible employees. Also, note that while you don't have to take all of your maternity leave at once, you will need to use it all within one year of your child's birth, adoption, or foster care placement.
Other important notes for planning your maternity leave
Take heart in knowing that your job will be protected if you qualify for any of these conditions. While you may not get your same job back, your employer will be required to place you in an equivalent position to what you held before your absence.
Realize that you have the right to receive fair treatment as a pregnant woman or a woman who hopes to become pregnant. Pregnancy discrimination is a punishable offense. California law prohibits discrimination on the basis of a woman's pregnancy by employers with five or more employees. This can take the following forms:
Not hiring a woman because she is pregnant or may become pregnant
Firing or demoting a woman because of pregnancy or related conditions
Not providing reasonable accommodations for a woman's pregnancy-related disabilities
Denying a woman time off for childbirth or medical conditions related to childbirth
Discriminating against a woman because she needs to breastfeed, pump, or treat medical conditions related to breastfeeding
If you feel you have been subject to any discriminatory practices like those mentioned above, please seek the support of an HR professional or a legal counselor.
As I write this article, while it feels archaic to say this, I am reminded of the numerous interviews I have been on where I have removed my engagement or wedding ring so the subject of my family life wouldn't come up. Even a few years ago, when interviewing for an executive position, I attempted to wear baggier than normal clothing to hide my growing baby bump. I hope that the generations of women that come after me will not have these ludicrous concerns in their lives.
In conclusion, while California residents still don't have perfect maternity leave options, their time off to deliver their child and/or bond with their child is protected under the law. In most cases, some compensation will come their way from their employee or disability insurance. Plan ahead by talking with your employer, healthcare provider, or lawyer.
