What is the new law for maternity leave in California?
Asked by: Kathleen Fay | Last update: April 15, 2026Score: 4.5/5 (8 votes)
California's recent maternity leave updates, effective January 2025, significantly boost wage replacement for Paid Family Leave (PFL), offering up to 90% pay for lower earners (under $63k) and 70% for higher earners, plus new rules preventing employers from forcing vacation use before PFL starts. These changes build on existing protections like Pregnancy Disability Leave (PDL) for up-to-four-months of disability, and 12 weeks of job-protected bonding leave under the California Family Rights Act (CFRA) for new parents, providing comprehensive support beyond just wage replacement.
Is there a new law for maternity leave in California?
Both male and female employees who are eligible employees may take up to 12 weeks off from work to bond with new children under California's family leave law.
Do you get full pay on maternity leave?
No, full pay isn't guaranteed for maternity leave in the U.S.; it depends on your employer and state, as federal law (FMLA) only provides unpaid, job-protected leave, while some states offer paid leave programs (like California's PFML) or private companies offer benefits, often covering a percentage of wages, not 100%.
How is maternity leave changing in CA in 2025?
Because of a new law called SB 951, starting on January 1, 2025, people on leave from work who apply for Paid Family Leave or State Disability Insurance will receive 70-90% of their regular income, (up from 60-70%), for claims starting in 2025.
What are the rules for maternity leave?
Maternity leave rules in the U.S. are primarily governed by the federal Family and Medical Leave Act (FMLA), offering eligible employees up to 12 weeks of unpaid, job-protected leave for childbirth and bonding, plus continued health benefits, for employers with 50+ workers. Many states have more generous laws, including some offering paid leave, and specific rules vary significantly by state and employer size, with federal law not covering all workers, so checking local laws and company policy is crucial.
CA Maternity Leave Explained by an Employment Lawyer
What is the maximum pay for maternity leave?
There's no single "maximum" maternity leave payment because it varies by state and country, but in the U.S., it's usually a percentage of your wages up to a state-set weekly cap (e.g., California's PFL in 2025 was up to $1,765/week, while Massachusetts had a higher cap in 2026), paid through state programs like SDI or PFML, with some employers offering additional pay. Payments are often 70-90% of your typical earnings for a limited time, like 8 weeks in California or up to 39 weeks in the UK (Statutory Maternity Pay), with higher earners getting a lower percentage, and some regions (like San Francisco) adding to state benefits.
What makes you eligible for maternity leave?
Maternity leave eligibility in the U.S. primarily depends on the federal Family and Medical Leave Act (FMLA), requiring at least 12 months of employment, 1,250 work hours in the past year, and working for an employer with 50+ employees within 75 miles for 12 weeks of unpaid, job-protected leave. However, state laws, employer policies, and disability insurance can offer paid benefits, with eligibility varying by location and contribution history, like California's SDI/PFL.
How can I survive maternity leave without pay?
Surviving unpaid maternity leave involves meticulous financial planning before the birth, utilizing accrued PTO and short-term disability if available, cutting non-essential expenses, exploring government aid (like WIC/SNAP) or crowdfunding, and negotiating with your employer for flexible return options or non-financial benefits. Focus on reducing expenses, building a baby fund, and using community/employer resources to ease the financial strain and navigate the emotional challenges.
How long does California pay you for maternity leave?
So, how long is maternity leave in California? With laws like PDL, CFRA, and CPFL, new mothers in California can take up to 4 months of PDL and 12 weeks of CFRA leave, often with wage replacement benefits through CPFL.
Do you get full salary during maternity leave?
No, full pay isn't guaranteed for maternity leave in the U.S.; it depends on your employer and state, as federal law (FMLA) only provides unpaid, job-protected leave, while some states offer paid leave programs (like California's PFML) or private companies offer benefits, often covering a percentage of wages, not 100%.
Is maternity allowance every 2 or 4 weeks?
How you're paid. Maternity Allowance is paid every 2 or 4 weeks. All benefits, pensions and allowances are usually paid straight into your bank, building society or credit union account.
How much do you get per week on maternity leave?
Weekly maternity pay in the U.S. isn't federally mandated but comes from state programs (like WA, MA, CA, NY) or employer benefits, offering a percentage of your wages (often 60-90%) up to a state-determined weekly maximum, varying by state and calculating based on your earnings, with some states like Washington offering up to 90% and New York capping at 67%. In the UK, Statutory Maternity Pay (SMP) pays 90% of earnings for 6 weeks, then a lower rate (or the same), with calculations based on earnings in the 8 weeks before the leave.
Is my job required to pay me for maternity leave?
(Q) Is my employer required to pay me when I take FMLA leave? The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
Do I get extra breaks when pregnant?
Your employer must consider the risks and take action as follows: Step 1: temporarily alter your working conditions or hours of work, if this is reasonable and avoids the risk, such as allowing extra breaks, ensuring that you can sit down and avoiding heavy lifting. This applies to all workers.
Is California paid family leave 8 or 12 weeks?
California Paid Family Leave (PFL) provides eligible workers with up to 8 weeks of wage replacement benefits within a 12-month period for bonding with a new child or caring for a seriously ill family member, a duration extended from 6 weeks in 2020. While PFL offers 8 weeks of paid benefits, other laws like FMLA and CFRA can provide job protection for up to 12 weeks (sometimes more), but these are separate programs, and you don't get paid for the full 12 weeks under PFL.
How to get 12 weeks paid maternity leave in California?
1. Review Your Eligibility
- Be employed or actively looking for work when your family leave starts.
- Have earned at least $300 in your base period with State Disability Insurance withheld (shown as CASDI on your paystub). ...
- Provide any required supporting documents.
How much maternity pay will I get?
How much you will get. If you qualify for Statutory Maternity Pay (SMP) it is paid for a maximum period of 39 weeks. It is paid: for the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit.
Will I get paid during my maternity leave?
Maternity leave in the U.S. is generally unpaid under federal law (FMLA), which offers 12 weeks of job protection but no wages, though many employers offer paid leave voluntarily, and some states mandate paid family leave programs, like California, New York, and Washington, providing wage replacement for bonding and caregiving. So, whether it's paid depends on your employer, your location, and the specific state laws in effect.
What is the $1,000 a month for pregnant mothers?
A new local United Way program called Jubilant Birth is paying new and expectant mom's $1000 per month, beginning before their child is born, and continuing throughout their babies' first full year of life. They say the reason is to see if there could be real health benefits, to the cash benefit.
How to make $2000 a month as a stay at home mom?
To make $2000 a month as a stay-at-home mom, combine flexible remote work (virtual assistant, freelancing, tutoring) with online hustles (selling crafts on Etsy or Printful, digital products, affiliate marketing) and local services (in-home daycare, pet sitting, baking) to create multiple income streams, leveraging existing skills for consistent, high-paying opportunities.
How can I get money during maternity leave?
To get paid during maternity leave, use employer benefits like accrued PTO or short-term disability (STD), check for state-specific Paid Family Leave (PFL) programs (e.g., California, New York) for wage replacement, or apply for federal programs if you're a government employee; otherwise, save money, explore government assistance, or consider freelancing.
Can I be denied maternity leave in California?
A: In California, you generally cannot be denied maternity leave if you meet the eligibility requirements for the California Family Rights Act or the Family and Medical Leave Act.
How to get 70k maternity benefit?
A member is qualified to avail of this benefit if she:
- Has paid at least three (3) months of contributions in the 12-month period immediately preceding the semester of childbirth, miscarriage, or ETP. ...
- Has duly notified the employer of her pregnancy and the probable date of her childbirth, if employed.
How do you qualify for full maternity pay?
Statutory Maternity Pay ( SMP )
have worked for your employer continuously for at least 26 weeks continuing into the 'qualifying week' - the 15th week before the expected week of childbirth.