How Long Is Maternity Leave in California? A Guide to Maternity and Paternity Leave

Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.

California does not have a single “maternity leave” law. An employee’s time off for pregnancy and a new child comes from two separate job-protected leaves, pregnancy disability leave (PDL) and baby-bonding leave under the California Family Rights Act (CFRA), and the pay during that time comes from two separate state benefit programs, State Disability Insurance (SDI) and Paid Family Leave (PFL). Some employers also pay employees for part or all of this time, but California law generally does not require an employer to pay wages during the leave. Understanding which law applies to which part of the leave is the key to knowing how much time you can take and whether your job is protected.

The short answer

An eligible birth parent who works for an employer with five or more employees can take up to four months of pregnancy disability leave for the time she is disabled by pregnancy and childbirth, followed by up to 12 weeks of CFRA leave to bond with the baby. That adds up to as much as about seven months of job-protected leave. In practice, most employees with an uncomplicated pregnancy are disabled for about 10 to 12 weeks, so a typical leave is about five to six months: roughly 10 to 12 weeks of PDL and then 12 weeks of bonding leave. A birth parent whose pregnancy-related disability lasts longer may be entitled to additional leave, or another reasonable accommodation, under the Fair Employment and Housing Act (FEHA).

A father or non-birth parent can take up to 12 weeks of CFRA bonding leave within the first year after the child’s birth, adoption or foster placement. Both parents are entitled to their own 12 weeks, even if they work for the same employer.

The leave itself is generally unpaid unless your employer pays for it, but most employees receive partial wage replacement from the state: SDI benefits while the birth parent is disabled, and up to eight weeks of PFL benefits for bonding. For claims beginning in 2025 or later, those benefits replace about 70 to 90 percent of wages, depending on income, up to a weekly maximum.

Pregnancy disability leave: time off while you are disabled by pregnancy

Pregnancy disability leave covers the period when an employee is unable to work, or unable to work safely, because of pregnancy, childbirth or a related medical condition (Gov. Code § 12945). It applies to employers with five or more employees, and it has no minimum length of service. An employee is covered from her first day on the job.

• How long it lasts. Up to four months per pregnancy, which is 17⅓ weeks for a full-time employee taking the leave continuously. PDL lasts only as long as the employee is actually disabled, as certified by her health care provider, up to that limit.
• When it is used. PDL can begin before the birth, for example for severe morning sickness, bed rest or a high-risk pregnancy, and it continues through recovery from childbirth. It also covers prenatal appointments, and it can be taken intermittently or on a reduced schedule when the provider advises it. Intermittent PDL must be counted in the smallest increment the employer uses for other kinds of leave, and in no more than one hour, so an employee who needs two hours for an appointment uses two hours of PDL, not a full day (Cal. Code Regs., tit. 2, § 11042).
• Typical length after delivery. For an uncomplicated pregnancy, health care providers commonly certify a disability period of up to four weeks before the expected delivery date and six weeks after a vaginal delivery or eight weeks after a cesarean section. A provider may certify a longer period when there are complications.
• Health coverage. The employer must continue the employee’s group health coverage during PDL, on the same terms as if she were working, for up to four months. The employer keeps paying its share of the premium, and the employee keeps paying any share she normally pays. If she does not return from leave for a reason other than CFRA leave, a continuing or new health condition, or another circumstance beyond her control, the employer may recover the premiums it paid during the leave (Cal. Code Regs., tit. 2, § 11044).
• Returning to work. An employee returning from PDL is entitled to her same position. The employer may offer a comparable position or refuse reinstatement only in narrow circumstances, such as a genuine layoff that would have happened even if she had been working, and it must prove those circumstances.

PDL is only for the parent who is disabled by the pregnancy. It does not cover time to care for or bond with the baby once the birth parent has recovered. That time comes from CFRA. Our pregnancy disability leave page explains PDL, accommodation and reinstatement rights in more detail.

CFRA baby-bonding leave, including paternity leave

The California Family Rights Act gives eligible employees up to 12 weeks of job-protected leave to bond with a new child within one year of the child’s birth, adoption or foster placement (Gov. Code § 12945.2). Bonding leave is available to every parent, whether a mother, a father, a same-sex partner, or an adoptive or foster parent. What many people call “paternity leave” in California is CFRA bonding leave.

• Who is eligible. CFRA applies to employers with five or more employees. The employee must have worked for the employer for at least 12 months (which need not be consecutive) and at least 1,250 hours in the 12 months before the leave begins.
• How long it lasts. Up to 12 weeks, which must be used within one year of the birth or placement.
• Both parents. Each parent is entitled to 12 weeks of bonding leave, even if both parents work for the same employer.
• Taking it in pieces. Bonding leave does not have to be taken all at once. The employer may require that it be taken in blocks of at least two weeks, but it must grant a request for a shorter period on at least two occasions.
• Health coverage. The employer must continue group health coverage during CFRA leave on the same terms as if the employee were working, for up to 12 weeks. The employee keeps paying any share of the premium the employee normally pays, and the employer must explain in writing, before the leave, how to make those payments. If the employee’s payment is more than 30 days late, the employer may end coverage after giving at least 15 days’ written notice. The employer may also recover the premiums it paid during unpaid leave if the employee does not return for a reason other than a serious health condition or another circumstance beyond the employee’s control (Cal. Code Regs., tit. 2, § 11092).
• Returning to work. At the end of CFRA leave, the employee is entitled to the same or a comparable position. The employer may refuse reinstatement only in narrow circumstances, such as a genuine layoff that would have ended the job even if the employee had not taken leave, and it must prove those circumstances. Having replaced the employee during the leave is not a valid reason (Cal. Code Regs., tit. 2, § 11089).

CFRA leave is not the same as Paid Family Leave. PFL is a state benefit that replaces part of your wages, but it does not by itself protect your job. Job protection for bonding comes from CFRA. An employee who does not meet CFRA’s eligibility requirements can still receive PFL benefits if the employee has paid into the SDI program, but the employer is not required by CFRA to hold the job.

How the leaves fit together

For a birth parent, PDL and CFRA run one after the other, not at the same time. PDL covers the period of disability, and CFRA bonding leave begins after PDL ends. Because CFRA does not cover the time an employee is disabled by pregnancy, time on PDL does not use up the 12 weeks of bonding leave.

The federal Family and Medical Leave Act (FMLA) also provides up to 12 weeks of leave for employers with 50 or more employees within 75 miles. FMLA generally runs at the same time as PDL or CFRA rather than adding to it, so for most California employees it does not increase the total amount of leave.

The timeline below shows a typical leave for a full-time employee who meets CFRA’s eligibility requirements and has an uncomplicated pregnancy and vaginal delivery. Your own leave may be longer or shorter depending on your health care provider’s certification and your employer’s policies.

A birth parent who is disabled for the full four months of PDL, for example because of complications, can take up to about seven months in total once the 12 weeks of CFRA leave is added. Employees may receive more leave under an employer’s own policy, and additional leave can sometimes be required as a reasonable accommodation under the Fair Employment and Housing Act for a pregnancy-related condition that qualifies as a disability.

A non-birth parent’s leave is simpler: up to 12 weeks of CFRA bonding leave, of which up to eight weeks can be paid through PFL.

The four programs at a glance

	Pregnancy disability leave	CFRA bonding leave	State Disability Insurance	Paid Family Leave
What it is	Job-protected leave	Job-protected leave	State wage-replacement benefit	State wage-replacement benefit
Who can use it	The parent disabled by pregnancy or childbirth	Any parent, including fathers, partners, adoptive and foster parents	The parent disabled by pregnancy or childbirth, if she has paid into SDI	Any parent who has paid into SDI
How long	While disabled, up to 4 months	Up to 12 weeks in the child’s first year	While disabled; usually about 10 to 12 weeks for a pregnancy	Up to 8 weeks in the child’s first year
Employer size	5 or more employees	5 or more employees	Any size	Any size
Time on the job required	None	12 months and 1,250 hours	None (based on SDI wages)	None (based on SDI wages)
Protects your job	Yes	Yes	No	No
Pays you	No; SDI pays during this time	No; PFL pays up to 8 weeks of it	Yes, about 70 to 90 percent of wages	Yes, about 70 to 90 percent of wages

Is maternity leave paid in California?

California law does not require employers to pay wages during PDL or CFRA leave, unless the employer pays employees on other kinds of temporary disability or family leave. Most employees instead receive partial wage replacement through two programs run by the California Employment Development Department (EDD) and funded by the SDI deductions from their paychecks.

• State Disability Insurance (SDI) pays while the birth parent is disabled by pregnancy or childbirth. The EDD describes the usual pregnancy claim as up to four weeks before the expected delivery date and up to six weeks after delivery, or up to eight weeks after a cesarean section, which is typically 10 to 12 weeks in total. A health care provider may certify a longer period. SDI pays only for days the provider certifies that you cannot do your regular work, and the first seven days of a claim are an unpaid waiting period, so SDI generally does not cover occasional absences such as prenatal appointments.
• Paid Family Leave (PFL) pays for up to eight weeks of bonding with a new child within the first year after birth, adoption or foster placement. PFL is available to both parents, and each eligible parent can receive up to eight weeks of benefits for the same child. A birth parent usually files for PFL after her SDI claim ends.
• How much they pay. For claims beginning on or after January 1, 2025, SDI and PFL replace about 90 percent of wages for lower-income workers and about 70 percent for higher earners, subject to a weekly maximum that the EDD adjusts each year.
• Using vacation, sick leave and PTO. During PDL, the employer may require an employee to use accrued sick leave, but not while she is receiving SDI. During CFRA leave, the employer may require the employee to use accrued vacation, but not while the employee is receiving PFL, and it may not require the use of sick leave. An employee may choose to use accrued vacation or paid time off to cover unpaid portions of the leave.

Some employers also offer their own paid parental leave. That policy may be more generous than state law, but it cannot provide less than the law requires.

Your rights when you return, and when an employer does not follow the law

It is unlawful for an employer to deny or interfere with PDL or CFRA leave, to refuse to reinstate an employee without a lawful reason, or to fire, demote or otherwise discriminate against an employee in the terms and conditions of employment because of pregnancy or because the employee took protected leave (Gov. Code §§ 12940, 12945, 12945.2). Retaliation for requesting leave or a pregnancy-related accommodation is also prohibited.

After returning to work, a nursing parent has the right to reasonable break time and a private place, other than a restroom, to express breast milk (Lab. Code §§ 1030–1034). Under the Fair Employment and Housing Act, discrimination based on breastfeeding is a form of sex discrimination.

These are situations we see often:

• An employee is told her position was filled or “could not be held” while she was on leave.
• An employee returns from maternity or paternity leave and is let go within weeks, often for performance issues that were never raised before.
• An employee is selected for a “layoff” while on leave, but the work is given to someone else or the position is posted again.
• An employee returns to a lower-level position, reduced hours, fewer accounts or a different shift.
• An employee is pressured to shorten the leave, or is told that taking the full leave will hurt their career.

These are common examples, not a complete list.

If this happened to you, keep track of the dates of your pregnancy disclosure or leave request, the leave itself, your return, and each event that followed. Save any emails, texts, performance reviews and leave paperwork you already have, but do not take confidential company documents. Claims under California’s Fair Employment and Housing Act generally must be filed with the California Civil Rights Department within three years, but other deadlines can be shorter, so it is best not to wait. Our pages on pregnancy disability leave and pregnancy discrimination, and our article on being fired on medical leave, explain these claims in more detail.

Frequently asked questions

How long is maternity leave in California?

An eligible birth parent can take up to four months of pregnancy disability leave while disabled by pregnancy and childbirth, followed by up to 12 weeks of CFRA bonding leave, for a total of up to about seven months. For an uncomplicated pregnancy, a typical leave is about five to six months. Your employer may offer more under its own policies, and additional leave may be available as a reasonable accommodation under the Fair Employment and Housing Act if a pregnancy-related condition qualifies as a disability.

How long is paternity leave in California?

A father or other non-birth parent who is eligible for CFRA can take up to 12 weeks of job-protected bonding leave within one year of the child’s birth, adoption or foster placement. Up to eight weeks of that time can be partially paid through Paid Family Leave.

Is maternity leave paid in California?

Your employer generally does not have to pay your wages during the leave, but most employees receive State Disability Insurance benefits while disabled by pregnancy and up to eight weeks of Paid Family Leave benefits for bonding. For claims beginning in 2025 or later, these benefits replace about 70 to 90 percent of wages, depending on income, up to a weekly maximum. You may also use accrued vacation or paid time off.

Do I have to work for my employer for a year to take maternity leave?

Not for pregnancy disability leave. PDL has no minimum length of service, so you are covered from your first day of work if your employer has five or more employees. The 12-month and 1,250-hour requirements apply to CFRA bonding leave.

Can both parents take leave at the same time if we work for the same employer?

Yes. Each parent is entitled to up to 12 weeks of CFRA bonding leave, even if both work for the same employer, and the leaves may overlap. Each eligible parent can also receive up to eight weeks of Paid Family Leave benefits.

What if my employer has fewer than five employees?

PDL and CFRA apply only to employers with five or more employees, and so does the Fair Employment and Housing Act’s prohibition on pregnancy discrimination, so a smaller employer is generally not required by those laws to hold your job. You may still receive SDI and PFL benefits if you have paid into the SDI program.

Can I be fired while on maternity or paternity leave?

Your employer may not fire you because of your pregnancy or because you took protected leave. A termination during leave is lawful only if it would have happened anyway for legitimate reasons unrelated to the leave, such as a genuine layoff that would have included you if you had been working. Terminations during or shortly after leave are closely scrutinized.

Talk to a California employment lawyer

Rise Law Firm represents employees throughout California in wrongful termination, discrimination, harassment and retaliation cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.

If you were denied leave, wrongfully fired, or penalized for pregnancy or for taking maternity or paternity leave, contact us to request a free, confidential consultation, or call (310) 728-6588.

This article provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.