California continues to have some of the strongest maternity leave protections in the country. While no sweeping new legislation changed the state’s maternity leave framework in 2026, recent updates that took effect in January 2025 and January 2026 have made it easier and more affordable for new parents to take leave without sacrificing their financial stability.
Here’s what you need to know about California’s maternity leave laws in 2026.
California’s Maternity Leave Framework: A Quick Overview
California doesn’t have a single “maternity leave” law. Instead, new mothers are protected by a combination of state and federal programs that work together:
- Pregnancy Disability Leave (PDL) provides up to four months of job-protected leave for employees who are disabled by pregnancy, childbirth, or related conditions. This applies to all employers with five or more employees.
- California Family Rights Act (CFRA) provides up to 12 weeks of job-protected leave for bonding with a new child. This applies to employers with five or more employees, but employees must have worked for the employer for at least 12 months and logged at least 1,250 hours in the prior year.
- State Disability Insurance (SDI) provides partial wage replacement during the pregnancy disability period, typically four weeks before delivery and six to eight weeks after, depending on delivery type.
- Paid Family Leave (PFL) provides up to eight weeks of partial wage replacement for bonding with a new child.
When combined, these protections can give eligible California employees roughly seven months of job-protected leave, with partial wage replacement for much of that time.
What Changed in 2025 and 2026
Two significant changes have improved California’s maternity leave benefits over the past year:
Higher Wage Replacement Rates (Effective January 1, 2025)
Starting January 1, 2025, California’s SDI and PFL programs now provide higher wage replacement for low and middle income workers. Under SB 951, signed by Governor Newsom in 2022, the benefit rate increased to 90% of wages for workers earning up to about $63,000 per year.
Previously, most workers received 60-70% of their wages. Now, the breakdown is:
- 90% of wages for workers earning at or below 70% of the state average weekly wage
- 70% of wages for higher earners
The maximum weekly benefit in 2026 is approximately $1,765 per week and this amount adjusts annually based on the state average weekly wage. These increased benefits apply to both SDI (used during the pregnancy disability period) and PFL (used for baby bonding).
Employers Can No Longer Require Vacation Use Before PFL (Effective January 1, 2025)
Under AB 2123, signed in September 2024, employers can no longer require employees to use up to two weeks of accrued vacation before accessing Paid Family Leave benefits.
Before this change, many employers required workers to burn through their vacation time first leaving new parents with no paid time off left for personal use later. Starting January 1, 2025, employees can access PFL benefits immediately without depleting their vacation balance.
Employees can still choose to use vacation time to “top off” their PFL benefits and receive closer to 100% of their regular pay, but that choice is now theirs to make.
How Maternity Leave Works in California [2026]
Here’s a typical timeline for a California employee taking maternity leave:
- Weeks 1-4 before delivery: If your doctor certifies you’re unable to work due to pregnancy-related disability, you can begin PDL and collect SDI benefits.
- Weeks 1-6 (or 1-8) after delivery: This period is job-protected and you continue on PDL for recovery and SDI covers six weeks for vaginal delivery or eight weeks for cesarean.
- Weeks 7-18 (approximately): Once your pregnancy-related disability ends, you can take up to 12 weeks of CFRA bonding leave. PFL provides wage replacement for up to eight weeks of this period. The remaining weeks are unpaid unless your employer offers additional benefits.
Throughout your leave, your employer must maintain your health insurance on the same terms as if you were actively working.
What to Know About Eligibility
The eligibility requirements vary by program:
For PDL: Any employee disabled by pregnancy qualifies, regardless of how long they’ve worked for the employer. There’s no minimum service requirement.
For CFRA: You must have worked for an employer with 5+ employees for at least 12 months and logged at least 1,250 hours in the prior 12 months.
For SDI and PFL: You must have earned at least $300 in wages subject to SDI deductions during your base period (look for “CASDI” on your paystub). There’s no employer size requirement because these are state-run insurance programs that apply to all California workers who pay into the system.
Your Rights Are Protected
California law prohibits employers from retaliating against employees who take maternity leave. This means your employer cannot:
- Fire you for taking leave
- Demote you or reduce your pay
- Give you unwarranted negative performance reviews
- Deny you a promotion you would have otherwise received
- Change your position or responsibilities in retaliation
If you return from leave and find that your job has been fundamentally changed or eliminated entirely, that timing alone may suggest retaliation. California’s Equal Pay and Anti-Retaliation Protection Act (SB 497) creates a legal presumption of retaliation if adverse action occurs within 90 days of protected activity. This shifts the burden to your employer to prove the action was legitimate.
Contact West Coast Employment Lawyers
California’s maternity leave laws are designed to protect working mothers and give families the time they need to bond with a new child. But not all employers follow the law. If your employer denied your leave, fired you for being pregnant, retaliated against you for taking time off, or failed to restore you to your position when you returned, you may have a legal claim.
At West Coast Employment Lawyers, we’ve recovered over $1.7 billion for workers facing pregnancy discrimination, wrongful termination, and other workplace violations. Our attorneys understand California’s maternity leave laws and how to hold employers accountable when they violate them.
Call (213) 927-3700 or fill out our online contact form for a free, confidential consultation. When you call, you speak directly with a lawyer who can evaluate your case and explain your options.
FAQs About California Maternity Leave [2026]
Is Maternity Leave Paid in California?
Partially, because SDI provides 70-90% wage replacement during the pregnancy disability period (up to about 10 weeks). Meanwhile PFL provides 70-90% wage replacement for up to 8 weeks of bonding leave. With these things in mind, the maximum weekly benefit in 2026 is approximately $1,765.
What Is the New California Maternity Leave Law?
The most recent changes took effect in January 2025. AB 2123 prohibits employers from requiring you to use vacation time before accessing PFL benefits. SB 951 increased wage replacement rates to 90% for low- and middle-income workers.
Can My Employer Fire Me for Taking Maternity Leave?
No, firing an employee for taking protected leave is illegal under both California and federal law. If you're terminated during or shortly after maternity leave, you may have a wrongful termination claim.
What if My Employer Has Fewer Than 50 Employees?
CFRA applies to employers with just 5+ employees much broader than federal FMLA. PDL also covers employers with 5+ employees. And SDI/PFL apply regardless of employer size if you pay into the state system.
