Legal Question in Medical Leave in California

California Pregnancy Law

I read in your q&a that in california, a pregnant women can get up to 4 months of pregnancy leave and then add FMLA of 12 weeks. Can you describe the pregancy leave and if all employers are required to provide this leave? My company (a california company with 300+ employees) does not have any pregnancy leave other than FMLA + CFRA which are both unpaid.


Asked on 6/19/01, 6:24 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: California Pregnancy Law

Under the California Fair Employment and Housing Act, women may take up to 4 months off for any medical reason related to their pregnancy. All employers with 5 or more employees are required to comply with this law. The state and federal versions of family leave also allow women to take up to 12 weeks off, for maternity leave, which allows time off after the baby is born, to bond withthe baby. It also applies to adoptions. Employers with 50 or more employees are subject to this law. The employee, generally must have been a full time employee with the company, for at least 1 year, to qualify for family leave. Exceptions may apply to high level executives, without whom the company cannot operate. These leaves may be taken consecutively, so theoretically, up to 7 months off may be taken, if medically necessary.

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Answered on 6/29/01, 1:47 pm


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