Title: Maternity Leave When Working Less Than a Year at New Job
I am five months pregnant and starting a new job in California. Is my employer required to hold my job for me while I’m on maternity leave? What is the maximum amount of time I’m allowed to take off of work for maternity leave? Am I entitled to Paid Family Leave and Disability through California’s Employment Development Department (EDD)?
Hi Lala,
Thank you for your questions. I will address them each in turn:
Is my employer required to hold my job for me while I’m on maternity leave?
If your employer has regularly employs five or more employees, you are entitled to take pregnancy disability leave (PDL) for the period during which you are disabled by your pregnancy, the childbirth, or a related medical condition—up to four months. (Gov. Code, § 12945, subd. (a)(1).)
When you return, you are guaranteed a right to return to the same or comparable position, unless certain exceptions apply. You have a right to ask your employer to provide this guarantee in writing. (Cal. Code Regs., tit. 2, § 11043.)
The most common exception to the right to be reinstated occurs when the employee would not have the same or comparable position, due to legitimate business reasons, even if she hadn’t taken pregnancy disability leave.
So, in your case, you would not be entitled to reinstatement if your employer was planning to let you go or terminate your position, regardless of your period of maternity leave.
I am five months pregnant and starting a new job in California. . . . What is the maximum amount of time I’m allowed to take off of work for maternity leave?
As I mentioned above, you are entitled to take up to four months of PDL if you work for an employer that has 5 or more employees. That leave, however, can only continue for the period you are disabled by your pregnancy, the childbirth, or a related medical condition. (Gov. Code, § 12945, subd. (a)(1).)
So, for example, if you are disabled for the last four weeks of your pregnancy and it takes you another four weeks to recover from the childbirth, you would only be entitled to eight weeks of PDL.
If you have worked for this employer for a period of less than 12 months before your period of leave is taken, you are not entitled to additional leave to bond with your child. (Gov. Code, §§ 12945.2, 12945.6, subd. (a).)
So, you’re period of maternity leave is likely limited to just the amount that you can take as pregnancy disability leave. That being said, some employers offer maternity leave for periods longer than they are legally required to. So, it’s possible you could get a longer period of maternity leave.
Also, if you are disabled for more than four months, you may be entitled to an additional period of leave as a reasonable accommodation. (Gov. Code, § 12940, subd. (a), (m).) There is no bright-line rule for how long that kind of leave can last, but it presumably couldn’t be longer than reasonably necessary to recover enough from your disability to return to work.
Also, it is possible that there are other accommodations that could be made that wouldn’t involve a period of leave (like light-duty work).
Am I entitled to Paid Family Leave and Disability through California’s Employment Development Department (EDD)?
Maybe. I don’t know all the facts of your situation, so I can’t give you a firm answer on this. You can review the EDD’s eligibility criteria for each type of leave at the following links:
Anyway, I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!