Maternity Leave vs. Parental Leave
Two federal laws provide maternity leave and parental leave to employees as benefits. These laws are Title VII of the Civil Rights Act of 1964 and the Family Medical Leave Act of 1993 (FMLA). Title VII prohibits employers from leave practices that discriminate against pregnant women or temporarily disabled new mothers.
Treating either of these two categories of women differently from other temporarily disabled employees is prohibited, and, in fact, they are guaranteed a specific unpaid 12-week leave under the FMLA. The FMLA leave can be used to care for the newborn baby or an adopted child, and it provides for parental leave. The FMLA covers women and men who have been working at least one year for employers with 50 or more employees. However, the pregnancy disability leave and family care leave laws in California are the most generous and the best leaves of this type in this country. For example, under California law pregnancy disability leave must be provided by employers with 15 or more employees. The parental leave provisions provide for some income to the parent on parental leave.
Maternity Leave
The California Fair Employment and Housing Act (FEHA) is more generous than the FMLA. The FEHA provides a pregnant woman the right to a maternity leave of up to four months as long as the woman is disabled by her pregnancy, childbirth or a related condition. However, the four months are available only if the woman requires four months to recover. She may not be entitled to four months if she recovers faster, but she will still be eligible for the FMLA 12-week recovery period. Her job is protected, and she cannot be fired because she is pregnant or disabled after pregnancy. The FMLA only applies to employees of a company with 50 or more employees. FEHA applies to companies with 15 or more employees.
Parental Leave
The federal FMLA requires employers with 50 or more employees to provide an unpaid 12-week job-protected leave to help care for a newborn infant and to assist the newborn’s mother. California’s Paid Family Leave Act (PFLA) is more generous because it provides income replacement for the parent who takes time off work to help with the family adjusting to the newborn infant. It also provides the parent with a unique opportunity to bond with the newborn. Adopted children are also included in establishing eligibility. PFLA should be taken concurrently with the FMLA to ensure job protection. Up to six weeks of pay at 55 percent of the weekly wage up to a maximum benefit is provided by the PFLA.
Job Protection
While the state and federal laws provide job protection for people on maternity leave and parental leave, their job may not be guaranteed under some circumstances. For example, a reduction in the work force due to downsizing or economic conditions could eliminate your job. However, the employer may not retaliate in any way against a person who takes advantage of these leaves.
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