If your employer denies your maternity leave, often referred to as baby leave or pregnancy disability leave, you have the right to take action: request the leave in writing, file a complaint with the California Civil Rights Department (CRD), and consult an employment attorney, since California law generally entitles eligible employees to up to seven months of combined, job-protected pregnancy and baby leave.
You are expecting your first child, and as the due date draws near, you can’t help but feel mixed emotions. While you are excited about being able to soon hold your bundle of joy, you feel overwhelmed by all of the steps you have to take in preparation for their arrival. Applying for maternity leave is one of them.
Unfortunately, you may discover that your employer has denied your maternity leave, or baby leave, but you have rights. Here’s a rundown on everything you need to know about maternity leave laws in California, and what to do if your maternity leave is denied.
Maternity Leave Laws in California
Maternity leave laws in California, which are codified in California’s Pregnancy Disability Leave Law (Cal. Gov’t Code § 12945), or PDLL, allow an employee up to 4 months of leave when she is disabled by (1) pregnancy, (2) childbirth or (3) a related medical condition. This same 4-month period is often referred to informally as maternity leave or baby leave. “Related medical condition” is any medically recognized physical or mental condition related to pregnancy, childbirth, or recovery from pregnancy or childbirth, including lactation-related medical conditions. The PDLL makes it unlawful to refuse to grant pregnancy disability leave to a disabled employee or to retaliate against her for taking or attempting to take pregnancy leave. You can read the full statutory text of the PDLL on the official California Legislative Information website.
An employee is disabled by pregnancy if she is unable to perform one or more of the essential functions of her job or is unable to perform those functions without undue risk to herself, to the successful completion of her pregnancy, or to other persons. An employee is also deemed disabled by pregnancy if she is suffering from “severe morning sickness” or needs to take time off for prenatal or postnatal care, bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, postpartum depression, childbirth, loss or end of pregnancy, or recovery from childbirth.
In addition to the 4 months of pregnancy disability leave under the PDLL, employees are entitled to up to 12 weeks of leave to bond with their newborn child under the California Family Rights Act (CFRA), which does not start until after the employee is no longer disabled by the pregnancy. Thus, California’s maternity leave laws can provide up to 7 months of total baby leave to employees. The CRD’s official CFRA and Pregnancy Leave fact sheet breaks down how these two leave entitlements work together.
Federal Protections: The Pregnant Workers Fairness Act (PWFA)
In addition to California’s maternity and baby leave laws, pregnant employees are also protected under a newer federal law: the Pregnant Workers Fairness Act (PWFA). The PWFA took effect in 2023, and the U.S. Equal Employment Opportunity Commission (EEOC) issued final implementing regulations that became effective June 18, 2024. The PWFA requires covered employers with 15 or more employees to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would create an undue hardship for the employer.
Unlike California’s PDLL and CFRA, the PWFA focuses specifically on accommodations, such as schedule changes, additional breaks, or temporary modified duties, rather than extended leave itself. However, the two frameworks work together: an employee denied maternity leave, baby leave, or a reasonable pregnancy-related accommodation in California may have claims under both state and federal law, which can strengthen a legal case and expand available remedies.
What If Your Maternity Leave is Denied?
Even though the maternity leave laws in California are clear, your employer may still violate your legal rights in this area. If your maternity leave, or baby leave, is denied, you have three options:
- Try to resolve your dispute with your employer informally.
- File an administrative claim with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH).
- If you are unable to resolve the claim, you have the right to file a legal suit in pursuit of damages.
If you prevail, you may receive compensatory damages and even have your job reinstated if you lost it due to your employer’s violation of the maternity leave laws in California. You may also be entitled to punitive damages if your case involves malicious, fraudulent, or oppressive conduct on the part of your employer. You can review the CRD’s official pre-complaint and filing process on its Pregnancy Disability Leave fact sheet (PDF).
California Baby Leave & Maternity Leave Options at a Glance
Because “maternity leave” and “baby leave” in California are actually made up of several overlapping laws, it can help to see them side by side. The table below compares the primary leave and accommodation programs available to pregnant and new-parent employees in California.
| Program | What It Covers | Duration | Paid or Unpaid |
|---|---|---|---|
| Pregnancy Disability Leave Law (PDLL) | Leave while disabled by pregnancy, childbirth, or a related condition | Up to 4 months | Unpaid (job-protected) |
| California Family Rights Act (CFRA) | Bonding leave with a new child after pregnancy disability ends | Up to 12 weeks | Unpaid (job-protected) |
| Paid Family Leave (PFL) | Partial wage replacement while bonding with a new child | Up to 8 weeks | Paid (partial wages) |
| Pregnant Workers Fairness Act (PWFA) | Reasonable workplace accommodations for pregnancy-related limitations | Duration of the limitation | N/A – accommodation, not leave |
Sources: California Civil Rights Department, EDD Paid Family Leave, and U.S. EEOC.
Should You Hire a Lawyer If you Choose to File a Legal Suit?
Yes, it is in your best interest to hire a lawyer if you choose to file a lawsuit. That’s because maternity and baby leave laws can be complicated, and your case, like many cases, may not be a straightforward one. No matter how complex your case might be, an attorney can help you to collect relevant information and apply the existing law to your case in a way that is compelling.
An employment law attorney can ultimately help you avoid the pitfalls that many individuals without a law background are not familiar with. He or she can also help you maximize the monetary damages you receive in a successfully litigated lawsuit.
Seek the Help of a Lawyer If Your Maternity Leave is Denied
If you have discovered that your maternity leave, or baby leave, has been denied, you may feel a sense of panic, anger, frustration, and hopelessness. However, at Pimentel Law, we can help you with the process of filing a claim against your company. We’ll explain to you what your rights are according to the current maternity leave laws in California, and we’ll pursue the most favorable outcome possible in court given the circumstances surrounding your maternity leave case.
At Pimentel Law, we take pride in our personal value that every employee deserves quality representation and access to justice. In addition, we work hard to deliver dedicated and personalized legal representation at a high standard in your case.
Get in touch with us today to learn more about how we can help you protect your rights and best interests based on today’s maternity and baby leave laws in California.
Gabriel Pimentel is the founder and Senior Trial Lawyer of Pimentel Law, a Pasadena based firm representing plaintiffs in personal injury and employment cases across Los Angeles. A Loyola Law School graduate with over a decade of trial experience, he has won multimillion dollar settlements and verdicts in cases involving serious injury, wrongful death, and workplace retaliation, along with several appellate victories before the California Courts of Appeal. He is an Avvo Top Attorney and CAALA Plaintiff Trial Academy graduate.
