Family Medical Leave Act - California

The California Family Rights Act (CFRA) allows new parents to take up to 12 weeks of UNPAID leave from work to bond with their newborn child.  The CFRA is one of several California and Federal laws impacting families with pregnancy and maternity leave concerns.

The good news is you may have a job protected leave for as long as 7 months - but can you afford it?  What you will find on this page:

• Key provisions
• Who is covered
• Affording the lost income
• Other CA family leave laws
  
  

To qualify for leave under the California Family Rights Act, you must have worked for your employer for at least one year and you must have worked at least 1,250 hours in the last 12 months.  Only employers with at least 50 employees are subject to the CFRA.

Your employer must continue any employer-provided health benefits, including dental, vision, and other benefits.  You may be required to pay your portion of the premiums.  These contributions will now be AFTER TAX, costing you more out of pocket that while you are working.

You have a right to re-instatement to previous position or one that is equivalent in terms of benefits, pay, and other conditions of employment.

The California Family Rights Act "makes it an unlawful employment practice for an employer to refuse a request for family care and medical leave, as provided under the act." Our interpretation relative to the federal FMLA is that all employers are subject to the CA rule; whereas the federal rule applies only to employers with more than fifty employees.

The second important distinction is that "An employee's own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA". Job protection benefits for pregnancy complications are addressed under the CA Pregnancy Discrimination Act.

What this means is that you can use your CA family rights leave to spend time bonding with your baby. You may exhaust your federal leave during your pregnancy disability, but the CA law provides further protection.

Source: CA Dept of Fair Employment and Housing

California Paid Family Leave will repalce a portion of your income during the time you spend bonding with baby.  Prior to that California SDI will replace a portion of your income should you experience pregnancy complications and miss work. It will also cover your maternity leave.

Can you continue to pay your bills for 18 weeks with a 45% pay cut? If not, consider purchasing supplemental short term disability insurance before getting pregnant.