Pregnancy and Bonding leave in California

What is pregnancy disability leave?

Pregnancy disability leave is time off work taken by an employee during pregnancy or childbirth.

In the state of California, you are allowed to take pregnancy disability leave under two laws:

• The Pregnancy Disability Leave Act (PDL): Up to four months of pregnancy disability leave. The exact amount of leave depends on how many hours a week you work. If you do not need to take the four months of pregnancy disability leave at once, the law allows you to take pregnancy disability leave intermittently.
• The Federal Family and Medical Leave Act (FMLA): Provides up to 12 weeks of leave. This leave can be applied to pregnancy disability and/or a bonding. You can also take leave to care for your pregnant spouse if they have a severe health problem.

If you are eligible for this disability leave under both PDL and FMLA, your leave will run simultaneously.

What is a bonding leave?

Bond leave is when an employee takes time off work to bond with a new child. You may have heard it called “parental leave.” Eligible employees may take bonding leave within the first year of the child’s arrival, either through birth or adoption.

In our state, the following laws provide for bonding leave:

• The California Family Rights Act (CFRA)
• California New Parents License Act (NPLA)
• FMLA

Will you be paid during pregnancy disability leave and/or bonding leave in California?

Generally, your employer is not required to pay you during your leave. But you may be able to get some of the payment back by:

• California Disability Insurance (DI) Program – The California DI program can pay part of your regular salary while you are temporarily disabled.
• Voluntary pay: Sometimes, employers voluntarily pay temporary disability leave. If your employer does this, he or she may have to pay you during pregnancy disability leave.
• Vacation time, sick leave, or other paid time off: During your pregnancy or bonding disability leave, you have the right to use any accumulated free time.
• California Paid Family Leave Fund – Under this program, you can receive partial wages from the state during your leave.