How Much Leave Can I Take After Childbirth?

After you have a child, you’re entitled to job-protected leave under California law. However, some employers aren’t aware of the protections the laws provide to new mothers. So how much leave can you take after childbirth? This guide explains. 

How Much Leave Can I Take After Childbirth?

There are a few types of leave people are qualified for in California after having a child, including leave under the:

• Pregnancy Disability Leave, or PDL, for up to 4 months
• California Family Rights Act leave – Child Bonding, for up to 12 weeks within a year of the child’s birth, adoption or start of foster care
• Family and Medical Leave Act leave for up to 12 weeks within one year of the child’s birth, adoption or start of foster care

Each type of leave is different, and you may qualify for one and not another. In most cases, the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) are the two that apply.

The amount of leave you can take depends on which type you qualify for and how you’re using it. Your employer may also allow you to add vacation time on to the leave you’re entitled to, but employers are not required to do so. 

Using Sick Days for Time Off After Childbirth

In some cases, your employer may require you to use sick days for your leave. For example, if you’re taking PDL leave, your employer can require you to use your sick days unless you’re receiving state disability insurance.

Employers cannot require you to use sick leave if you’re taking CFRA leave. However, you and your employer can agree that you’ll use sick days if that’s what you both want.

Employers can require you to use sick days if you take time off under FMLA.

Related: Employment law information in California 

Using Vacation Days for Time Off After Childbirth

Some employers require employees to use vacation time when they take CFRA leave. However, they cannot require employees to use their vacation days if they’re receiving Paid Family Leave.

Do You Have to Take All Your Leave at One Time?

If you’re taking PDL leave or CFRA leave, you don’t have to take all your leave at once. However, if you’re taking FMLA leave, you may have to take it all at the same time (unless your employer approves). With FMLA leave, you’re entitled to “intermittent leave” if you have a serious pregnancy-related health condition and the intermittent leave is medically necessary – but if it’s not medically necessary, your employer has to approve.

Who Qualifies for PDL, CFRA Leave and FMLA Leave?

Different people qualify for different types of leave after childbirth. The following sections explain Pregnancy Disability Leave, California Family Rights Act Leave, and Family and Medical Leave Act leave.

Pregnancy Disability Leave 

You’re eligible for PDL if you have a pregnancy-related disability and your employer has five or more employees. 

Related: Can employers refuse to hire you if you have a disability?

CFRA Leave

You’re eligible for CFRA leave if your employer has five or more employees and you:

• Have a new child
• Worked for your employer for at least a year
• Have 1,250 or more hours of service in the last year

FMLA Leave

You’re eligible for FMLA leave if 50 or more of your employer’s employees work within a 75-mile radius and you:

• Have a serious pregnancy-related health condition OR a new child (by birth, adoption or foster placement)
• Worked for your employer for at least a year
• Have 1,250 or more hours of service in the last year

Related: Which disabilities are protected against discrimination in the workplace?

What About California Paid Family Leave?

California Paid Family Leave, or PFL, provides benefit payments for people who take leave to bond with a new child (among other things). Eligible recipients can get benefit payments for up to eight weeks, and the payments are typically between 60 and 70 percent of the person’s weekly wages (as earned 5 to 18 months prior to the beginning of the claim). 

Related: Guide to pregnancy discrimination in California 

Did Your Employer Deny You Leave From Work After Childbirth?

If your employer is denying you leave from work after childbirth, or if your employer isn’t permitting you to take the right amount of leave based on your eligibility, we may be able to help you. Call us at 818-230-8380 or fill out the form below to get a free consultation with an experienced attorney now.