California Employment Rights After Maternity Leave

Congratulations! You've embarked on the incredible journey of parenthood. While the arrival of your newborn brings immense joy, it also raises essential questions about your return to work.

Employment rights in California following maternity leave protect your job security and well-being during this critical transition.

This article by Freeburg & Granieri equips you with the knowledge to navigate your rights and ensure a smooth return to the workforce.

Understanding Maternity Leave in California

California boasts some of the most comprehensive maternity leave laws in the nation. There are three key pieces of legislation to understand:

• California Family Rights Act (CFRA): This law guarantees job-protected leave for qualified employees facing family and medical circumstances, including pregnancy and childbirth.
• Pregnancy Disability Leave (PDL): This state-mandated program provides temporary leave for pregnancy-related medical conditions.
• Family and Medical Leave Act (FMLA): While this federal law applies nationwide, it's important to note that California's CFRA offers broader protections and runs concurrent with FMLA leave. We'll focus primarily on CFRA in this article.

Key Concepts

California Family Rights Act (CFRA)

CFRA grants eligible employees up to 12 weeks of unpaid leave within a 12-month period. You can take this leave for various family and medical reasons, such as pregnancy, childbirth, and caring for a newborn child.

Pregnancy Disability Leave (PDL)

PDL allows for leave due to medical conditions related to pregnancy, childbirth, and recovery. This leave can be paid or unpaid depending on whether an employee qualifies for state-disability.

Family and Medical Leave Act (FMLA)

The federal FMLA offers similar protections as the CFRA, but with some limitations. California's CFRA provides broader job security and leave options. CFRA leave and FMLA leave run concurrently, so you do not get to take CFRA leave and then start FMLA leave.

Eligibility for Leave

Employee Qualifications:

• To be eligible for CFRA leave, you must have worked at least 1,250 hours and for the company for at least 12 months.
• There's no minimum length of service required for PDL.

Employer Size Requirements:

• CFRA applies to companies with five or more employees.
• PDL applies to all employers with 5 or more employees.

Length of Maternity Leave

CFRA Leave Entitlement:

• CFRA grants up to 12 weeks of unpaid leave within a 12-month period.

12 Weeks in a 12-Month Period for Baby Bonding:

You can use this 12-week entitlement for various family and medical reasons throughout the year. In regards to a child, you are entitled to up to 12-weeks unpaid, job protected leave to bond with a newborn, or child placed with employee for adoption or foster care.

CFRA/FMLA run concurrently for Baby Bonding.

Running Consecutively with PDL:

CFRA leave can be used in conjunction with PDL, allowing you to potentially extend your leave beyond the medically necessary PDL period. CFRA does not cover pregnancy. CFRA runs consecutively with PDL and starts when PDL ends and Baby Bonding begins.

Pregnancy Disability Leave:

Physician Certification:

PDL requires a doctor's note certifying your medical condition and expected recovery timeline.

Duration Based on Medical Necessity:

Your doctor determines the duration of PDL based on your specific medical needs. PDL is an unpaid, job protected leave that provides up to 4 months of leave for a pregnant employee who is certified by their health care provider as disabled. The 4 months may be taken all at once during the last few weeks before and after delivery as well as time off throughout pregnancy for morning sickness, prenatal visits, or any other childbirth-related medical condition.

Job Security During Leave

Right to Reinstatement:

After maternity leave, job security is one of the most important employment rights. You have the right to return from leave to your same or an equivalent position with the same pay and benefits.

Same or Equivalent Position:

This "equivalent position" doesn't necessarily mean the exact same duties you had before leave. However, it should be a position with similar status, responsibility, and pay.

Exceptions:

There are limited exceptions to the reinstatement right, such as company closure or a bona fide layoff affecting your position for legitimate reasons unrelated to your leave.

Maintaining Benefits During Leave

Continuation of Health Insurance

Employer Responsibilities:

While your leave may be unpaid, your employer is generally required to continue your health insurance coverage under the same terms as when you were actively working. This allows you to maintain access to essential medical care for yourself and your newborn.

Employee Premium Payments:

You may be responsible for paying your share of the health insurance premiums during your leave. However, your employer cannot require you to pay more than what you would have paid if you were still working. Your employer can require you to pay your portion of your insurance premiums while on leave, or you can reach an agreement that premiums accrued while on leave will be deducted from your paychecks upon return from leave.

Taking Leave Intermittently

CFRA Provisions for Intermittent Leave

CFRA allows you to take your leave intermittently, meaning you can break it down into smaller chunks as needed. This flexibility is particularly helpful for managing doctor's appointments or childcare arrangements during the early months of your child's life.

Medical Necessity Documentation:

To qualify for intermittent leave under CFRA, you may need to provide your employer with documentation from your doctor supporting the medical necessity of the intermittent leave schedule.

Agreement with Employer on Schedule:

It's crucial to discuss your desired intermittent leave schedule with your employer in advance. Work collaboratively to establish a plan that meets both your needs and the operational requirements of your workplace.

Returning to Work After Leave

Notice Requirements

• Prior Notification of Return Date: Generally, you should provide your employer with reasonable notice of your intended return date from leave. This allows them to make the necessary arrangements for your return.

Reasonable Accommodation Requests:

Breastfeeding Needs:

California law protects the rights of new mothers who need to express breast milk. During work hours, you have the right to a private, clean, and non-bathroom space for pumping breast milk.

Schedule Adjustments:

Depending on your circumstances, you may be able to request a temporary adjustment to your work schedule to facilitate childcare arrangements or breastfeeding needs.

While employers are not obligated to grant such requests in all cases, they are required to engage in an interactive process to explore reasonable accommodations.

Unlawful Actions by Employers

Pregnancy Discrimination:

It's illegal for employers to discriminate against employees based on pregnancy or childbirth. This includes:

• Denying leave requests
• Demoting or terminating a pregnant employee
• Offering less favorable job opportunities or assignments upon return from leave

Retaliation for Taking Leave:

Employers cannot retaliate against employees for exercising their right to maternity leave. This includes taking any adverse employment action, such as demotion, reduced pay, or termination against an employee who takes protected leave.

Important Considerations

Short-Term Disability Insurance

Having short-term disability insurance can help replace a portion of your income while you're on PDL. Consider exploring this option as part of your overall maternity leave plan.

State Paid Family Leave (PFL) Program

California has a separate State Paid Family Leave (PFL) program that provides partial wage replacement benefits for qualified employees taking family leave. This program is not a substitute for CFRA or PDL rights and is not a job protected leave. PFL is wage replacement only.

Consulting with an Employment Attorney

If you have questions about your specific situation or encounter any challenges regarding your maternity leave rights, consulting with an employment attorney can be invaluable. An attorney can provide guidance on your legal options and safeguard your rights.

Get Protected with Freeburg & Granieri, APC.

At Freeburg & Granieri, APC, we understand the emotional and logistical complexities of welcoming a newborn child. We are committed to empowering employees in California to navigate their employment rights after maternity leave. Our experienced employment attorneys can help you:

• Learn about your leave entitlements under CFRA and PDL.
• Negotiate reasonable accommodations upon your return to work.
• Protect your rights in cases of pregnancy discrimination or retaliation.

Our firm prioritizes open communication and personal attention. We will work closely with you to ensure a smooth transition back to the workforce while safeguarding your rights as a new parent. Contact Freeburg & Granieri, APC, today for a consultation.

Conclusion

Becoming a parent is a life-changing experience. California's maternity leave laws aim to offer assistance during this critical period. By understanding your employment rights after maternity leave, you can ensure a smooth transition back to work and focus on cherishing those precious first moments with your newborn.

If you have any questions or concerns, don't hesitate to seek guidance from an experienced employment attorney at Freeburg & Granieri.