Orange County: Understanding California Maternity and Paternity Leave Policies

Welcoming a new baby is an exciting and life-changing event, but it also comes with the challenge of balancing work and family. Fortunately, California has some of the most progressive Orange County maternity and paternity leave policies in the United States, ensuring that new parents have time to bond with their newborn without the added stress of financial insecurity. In order to serve our birth clients best, we put together the following to help you understand your rights and benefits for parental leave.

Orange County Maternity and Paternity Leave Laws

California provides various forms of job-protected leave and financial assistance for new parents through multiple state programs. These include the California Family Rights Act (CFRA), Paid Family Leave (PFL), and State Disability Insurance (SDI). Here's how they work:

1. California Family Rights Act (CFRA) – Job Protection

• CFRA provides up to 12 weeks of job-protected unpaid leave for new parents.

• It applies to both mothers and fathers, including adoptive and foster parents.

• Employees must have worked for their employer for at least 12 months and have logged at least 1,250 hours during that period.

• CFRA applies to companies with five or more employees.

2. Paid Family Leave (PFL) – Wage Replacement

• PFL offers up to 8 weeks of paid leave to bond with a new child.

• It provides approximately 60-70% of your regular wages, depending on income.

• PFL is available to both mothers and fathers, including adoptive and foster parents.

• You must have contributed to California State Disability Insurance (SDI) through payroll deductions.

3. State Disability Insurance (SDI) – Pregnancy Disability Leave

• Pregnant mothers who cannot work due to pregnancy or childbirth-related conditions can receive up to 4 weeks before birth and 6-8 weeks after birth of paid disability leave.

• The benefit pays approximately 60-70% of your salary.

• SDI is separate from PFL and can be combined for additional time off.

How Maternity and Paternity Leave Benefits Work Together

Many parents in California combine these benefits to maximize their time off while ensuring financial stability:

1. Mothers: Can take Pregnancy Disability Leave (SDI) for up to 4 weeks before birth and 6-8 weeks after birth (depending on delivery type), followed by 8 weeks of Paid Family Leave (PFL) for bonding time.

2. Fathers: Can take 8 weeks of Paid Family Leave (PFL) plus up to 12 weeks of job-protected leave under CFRA.

Additional Considerations

• Some employers offer additional paid parental leave benefits—check with your HR department.

• You can use vacation or sick time to extend your paid leave.

• Federal laws like the Family and Medical Leave Act (FMLA) may provide additional protection but do not offer pay.

California's parental leave policies give new parents the opportunity to bond with their child while maintaining job security and some level of income. Understanding your options and planning ahead can help ensure a smooth transition into parenthood. If you’re expecting, start talking to your employer early to coordinate your leave and maximize your benefits.