Every year, thousands of employees face challenges related to maternity leave in the workplace. According to the U.S. Department of Labor, nearly 25% of new mothers in the U.S. return to work within two weeks of giving birth due to inadequate maternity leave policies or fear of retaliation. For California workers, this issue persists despite robust state and federal protections. Many employees are unaware of their rights or fear repercussions for standing up to unlawful practices.
Maternity Leave Rights in California
Maternity leave isn’t just a break from work—it’s a critical time for both parent and child. In California, employees are entitled to take maternity leave to care for their newborn or recently adopted child without fear of losing their job or being penalized. Whether through the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL), these protections ensure your right to bond with your child and recover from childbirth without undue workplace pressure.
Unfair Maternity Leave Practices in the Workplace
Unfortunately, not all employers honor maternity leave laws. Common unfair practices include:
• Denying eligible employees their leave rights.
• Retaliating against workers who request maternity leave.
• Forcing employees to work during their protected leave period.
• Failing to reinstate employees to their previous or equivalent positions.
• Discriminating against employees for being pregnant or a new parent.
These violations not only disrupt your personal life but also undermine your professional stability and mental well-being.
California Laws Protecting Your Maternity Leave Rights
California’s robust protections offer employees several layers of legal safeguards:
• Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for eligible employees.
• California Family Rights Act (CFRA): Extends similar rights as the FMLA but includes additional protections under state law.
• Pregnancy Disability Leave (PDL): Ensures up to four months of job-protected leave for pregnancy-related conditions.
• Fair Employment and Housing Act (FEHA): Prohibits discrimination or harassment based on pregnancy, childbirth, or related medical conditions.
How Do I Know if My Rights Have Been Violated?
Recognizing a violation of your maternity leave rights can be difficult, especially when employers use subtle tactics to undermine your position. Signs include being denied leave without explanation, facing sudden negative performance reviews after announcing your pregnancy, or being excluded from meetings and opportunities while on leave. If your employer’s actions feel retaliatory or discriminatory, your rights may have been violated.
What Should I Do if I feel I’m a Victim?
If you suspect your employer has violated your maternity leave rights, take immediate action:
• Document Everything: Keep records of emails, conversations, and any changes to your workload or employment status.
• Review Your Rights: Familiarize yourself with the laws protecting maternity leave in California.
• Speak to an Attorney: Contact Fraigun Law Group for a thorough evaluation of your case. With her tenacious approach, she will help you understand your legal options and hold your employer accountable.
Why Choose Fraigun Law Group
The Fraigun Law Group has earned its reputation for standing up to major employers and delivering results for employees facing uphill battles. Attorney Fraigun’s approach is no-nonsense and action-driven, combining compassion for her clients with an unrelenting determination to achieve justice. When your rights are on the line, Marina doesn’t just fight—she wins.
Common Questions about Maternity Leave in California
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AM I ELIGIBLE FOR MATERNITY LEAVE UNDER CALIFORNIA LAW?
Employees who have worked for their employer for at least 12 months and clocked 1,250 hours during that time are eligible under the FMLA and CFRA. PDL applies regardless of tenure or hours worked.
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IS MATERNITY LEAVE PAID IN CALIFORNIA?
While FMLA and CFRA leave is unpaid, California’s Paid Family Leave (PFL) program provides partial wage replacement for up to eight weeks.
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CAN MY EMPLOYER REPLACE ME WHILE I’M ON MATERNITY LEAVE?
No. Employers must reinstate you to your previous position or an equivalent one upon your return under both federal and state laws.
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WHAT IF MY EMPLOYER CLAIMS MY ROLE IS NO LONGER AVAILABLE?
This could be a violation of FMLA, CFRA, or PDL protections. Employers are required to provide a comparable position unless they can prove legitimate business reasons.
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CAN I TAKE LEAVE FOR PRENATAL APPOINTMENTS?
Yes. Under PDL, you can take time off for prenatal care, as it is considered a pregnancy-related condition.
How Fraigun Law Group Can Help
At the Fraigun Law Group, we believe no one should have to choose between their family and their career. Combining their deep knowledge of California employment laws with an unwavering commitment to justice. Whether you’re facing retaliation, discrimination, or outright denial of your maternity leave rights, Marina will be in your corner.
With the Fraigun Law Group, you’re not just another case—you’re a priority. Let’s fight for your rights and your family’s future today.