You may have a right to take up to 4 months off work with continued health insurance benefits and the right to return to the same job afterwards. You can take this leave all at once or in smaller pieces to meet your health needs. For example, if you need to work part time or a reduced schedule to protect your health during and after pregnancy, you can take a few days or hours off at a time under the Pregnancy Disability Leave law (PDL).

You may have a right to take off longer than 4 months under the national Pregnant Workers Fairness Act (PWFA) or the California Fair Employment and Housing Act (FEHA). Whether you qualify for more time depends on your health condition, employer size, and how difficult or expensive it would be for your employer to extend your leave. If you take more than 4 months of leave for your own health, your employer probably does not have to keep paying for your health insurance.

Tell your boss or someone in human resources that you need more time off for your own pregnancy/childbirth-related health condition. If you tell them in person, make sure to follow up in writing with a text or email. If your employer asks for a healthcare provider note, you should provide one that says how long you are expected to need time off — this date may be extended later if necessary. Learn more about what medical documentation employers may request under the Pregnant Workers Fairness Act (PWFA) in our Doctors Notes and Medical Paperwork FAQ.

As noted above, your employer must continue providing health insurance benefits during all time you take off under the California Pregnancy Disability Leave law (PDL), which covers 4 months of leave, but not during additional time you take off. Keep in mind that even when your employer is required to continue providing health insurance benefits, it is allowed to require you to pay the portion of the health insurance premium that would normally have been taken out of your paycheck. Different employers have different ways of collecting this payment — be sure to ask your employer about health insurance premiums and how they’re charged.

Most California employees receive pay during their pregnancy-related time off from the State Disability Insurance (SDI) program. Under this program, you may be paid 70% or 90% of your usual wages for up to 52 weeks.

You can get SDI if you paid into the program recently.  Most employees see their payments automatically taken out of their paycheck. Check your paystub for “CASDI,” “SDI,” or a similarly named deduction to confirm. If you don’t see that on your paycheck and you had a different job in the last 18 months, look at your old paystub. 

You will be paid either 70% or 90% of your wages, depending on how much you earn. You can use EDD’s calculator to find out how much you will be paid.

You can get State Disability Insurance (SDI) for the entire time you are not working (or working less) because you are unable to do your normal job due to pregnancy and childbirth, for up to 52 weeks. A doctor or psychologist will need to certify your need for time off. Keep in mind that there is a 1-week “waiting period” before benefits start. This means you will not be paid for the first week you are off work — consider using vacation or sick days if you have them. If you stop taking this leave within one year of your baby’s birth, you can receive Paid Family Leave (PFL) afterwards, see “Time Off to Care for and Bond with Your Baby” below.

You can take this job protected leave if: 

• Your employer has 5 or more employees; 

• You have worked for your employer for at least 12 months, which do not have to be in a row; and, 

• You worked about 24 hours or more per week during the 12 months before you need to start your leave (1,250 hours total). (If you are already off work because you gave birth, you can look back at the 12 months right before you started your pregnancy/childbirth leave.) 

If you’re eligible, you can take up to 12 weeks off to care for your child’s serious health condition or to bond with your baby in the first year after birth. During this time off, your employer must keep providing health insurance benefits. After this time off, your employer must return you to your job (or to a position that is nearly identical).

You do not have to take California Family Rights Act (CFRA) leave all at once. If your child’s health requires you to take time off work, you can take that time in whole weeks, single days, or even an hour or two at a time, depending on what is necessary to care for your child’s health. If your child goes home and no longer has a serious health condition, you may use any remaining CFRA leave to bond with your baby, but your employer may be able to prevent you from taking shorter than 2 weeks off at a time. You can contact our free legal helpline for help figuring out exactly what time off you are entitled to receive.

California’s Paid Family Leave (PFL) program may pay you 70% or 90% of your usual wages for up to 8 weeks. You can use it to care for your baby at any point during the first year after birth. Each parent has their own 8 weeks of paid leave available — you don’t have to share this time. You apply by submitting an application with the California Employment Development Department (EDD). You can receive PFL for whole weeks or for reduced hours, so it can be used to get additional income if you are working part time to care for or bond with your baby.

If you have your own health condition that requires time off (like PTSD, depression, or anxiety that has been made worse by your experience), see Time Off for Your Own Health Needs: If You Did NOT Give Birth below.  If your baby has a disability (like lung disease, a feeding tube, or congenital heart conditions), you may be able to get time off beyond what is described here. Contact our helpline and we can help you figure out what is available to you.

Under the California Fair Employment and Housing Act (FEHA), employers with 5 or more employees must make “reasonable accommodations” for qualified employees who have a disability. Mental health disabilities may include depression, PTSD, anxiety, and panic or stress disorders. Reasonable accommodations are workplace changes that allow you to meet your disability-related health needs so you can successfully perform your job. A temporary leave of absence is a form of reasonable accommodation when taken to receive treatment, to recover from a mental health episode, or to otherwise address mental health needs.

This depends on how difficult or expensive it would be for your employer to provide the time off. Your employer is not required to provide time off for so long that it would be very costly or disruptive. Your employer is not required to provide indefinite leave – meaning, it is not required to provide leave for an unknown length of time. It is important to provide an expected end date for your requested leave. You may be able to change this date if needed. 

Keep in mind that a part-time work schedule (working fewer hours) is another form of reasonable accommodation that may be available, so long as it is not very disruptive or expensive for your employer.

Tell your boss or someone in human resources that you need time off, or need to work fewer hours, for your own disability. If you tell them in person, make sure to follow up in writing with a text or email. If your employer asks for medical documentation, you should make sure your healthcare provider says how long you are expected to need time off — this date may be changed later if necessary. Your employer must accept medical paperwork from a psychologist, marriage and family therapist, acupuncturist, clinical social worker, doctor, or other healthcare provider. Your employer is not allowed to request your medical records, a specific diagnosis, or information about what caused your disability.

If you are unable to work because of your mental health disability, you may be able to get paid through the California State Disability Insurance (SDI) program. Under this program, you will be paid 70-90% of your usual wages for up to 52 weeks

You can get SDI if you paid into the program recently.  Most employees see their payments automatically taken out of their paycheck. Check your paystub for “CASDI,” “SDI,” or a similarly named deduction to confirm. If you don’t see that on your paycheck and you had a different job in the last 18 months, look at your old paystub. 

You will be paid either 70% or 90% of your wages, depending on how much you earn. You can use EDD’s calculator to find out how much you will be paid.

You can get State Disability Insurance (SDI) for the entire time you are not working (or working less) because you are unable to do your normal job due to a mental health disability, for up to 52 weeks. A doctor, psychiatrist, or psychologist will need to certify your need for time off. Keep in mind that there is a 1-week “waiting period” before benefits start. This means you will not be paid for the first week you are off work — consider using vacation or sick days if you have them. If you stop taking this leave within one year of your baby’s birth, you can then receive Paid Family Leave (PFL), see “Time Off to Care for and Bond with Your Baby” above.

Scroll down or click here for more information on applying for paid leave.