New and Expectant Mothers

If you are a new or expectant mother, what are your rights under California and federal laws? As a general caveat, let me make it clear that you may not have a right to paid maternity leave. However, you absolutely have a right to take a protected leave of absence from your job.


You may keep your job and take a leave of absence under the Pregnancy Disability Leave ("PDL") law in California. Under this law, you are entitled to up to 4 months of protected leave. You can take that leave all at once, or you can take it intermittently as needed.


As I continue to learn more and more at my new job (pregnancylawyer.com) I am absoluely astounded at how many HR "professionals" have no idea that this law exists. Essentially if you suffer from any disability from pregnancy, child birth or a related medical condition, the PDL protects you from being fired from your job. The PDL applies to everyone no matter the length of time you have worked for your employer.

Employers - it's a bad, bad idea to fire people while they are on leave. You will have all sorts of trouble on your hands including potential causes of action for pregnancy discrimination and pregnancy harassment.


In addition to the PDL, you make take 12 weeks of leave under the California Family Rights Act (CFRA) or under the Federal Medical Leave Act (FMLA). However, you must have worked for your employer for at least 1 year and have performed 1,250 hours of service over 12 months prior to going on leave. Again, this is not paid leave. It is protected leave.

So, if you are pregnant, tell your employer. If your employer does not mention the PDL (and in fact as far as I've seen they basically never do even though they are obligated to) you now have an idea of what your rights are -- 4 months plus 3 months of CFRA/FMLA.

Happy mommying...