Legal Question in Medical Leave in California

Requirements for MAternity Leave

There are 2 types of leave that fall under maternity leave -one for ''bonding time'' and the other up to 4 months for ''medical leave'' due to complications in the pregnancy. I was just told that if I have not worked for my employer at least a year I would not be eligible for one of these leaves. Is this correct? And if so, which leave would I not be eligible for?


Asked on 4/30/04, 5:33 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Requirements for MAternity Leave

Under the Family and Medical Leave Act (FMLA), women are allowed to take up to 12 weeks off to bond with their baby, IF, they have been with the company for at least one year on a full-time basis.

State and federal laws require that most employers allow women up to 4 months off for a pregnancy related disability, regardless of how long they have been employed.

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Answered on 4/30/04, 9:10 pm
Terry A. Nelson Nelson & Lawless

Re: Requirements for MAternity Leave

FMLA provides 12 weeks if you've worked at least a year.

Pregnancy leave of four months may be available in addition, regardless of service length. If you are denied this, we may be able to help you. Contact us if you need to.

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Answered on 4/30/04, 10:40 pm


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