Pregnant and working: your leave and pay in California, including NICU stays

This page is for the parent who is pregnant or gave birth. Leave for a partner or other parent to bond with the baby is covered on Will my job be safe while I take family leave? This is general information, not legal advice.

What are my rights, in plain words?

California gives you two kinds of protection. One keeps your job. The other gives you pay. They are separate, so you usually need both.

The EDD says plainly that its benefits pay you but do not protect your job. Job protection comes from PDL and CFRA.

Am I covered?

For job protected pregnancy leave (PDL): your employer must have 5 or more employees. The Civil Rights Department lists no minimum time on the job for PDL. You can be new and still qualify (CRD guide).

For job protected bonding leave (CFRA): your employer must have 5 or more employees, and you must have worked there for at least a year and at least 1,250 hours in the past year.

For pay (SDI and PFL): you must have earned at least $300 with SDI taken out of your pay in the base period, a 12 month window that ends a few months before your claim. You do not need to have worked for your current employer for any set time.

Working for a large employer with 50 or more employees nearby? The federal FMLA may also apply. It runs at the same time as PDL.

How long can I be off work?

It depends on your health and your baby's. Here is a common path:

1. Before birth. If your provider says you cannot work, SDI can pay for up to 4 weeks before your due date. PDL protects your job.
2. After birth. SDI usually pays for 6 weeks after a vaginal birth or 8 weeks after a cesarean. PDL keeps protecting your job.
3. If there are complications, before or after birth, SDI can pay for longer, up to 52 weeks in all, as long as your provider certifies you cannot work. PDL protects your job for up to 4 months in total.
4. Then bonding. After your recovery, CFRA gives up to 12 more weeks of job protected leave to bond with your baby, used within the baby's first year. PFL pays you for up to 8 of those weeks. You can take PFL all at once or in pieces within the year.

In the Civil Rights Department's words, CFRA bonding leave comes after PDL. It does not use up your pregnancy leave.

How much will I be paid?

For claims that start in 2026, SDI pays about 70 to 90 percent of your weekly wages, depending on your income. Lower earners get the higher share.

• The most you can get is $1,765 a week.
• The least is $50 a week.
• PFL pays the same weekly amount as your pregnancy disability claim.
• PFL has no waiting period. Payment starts on the first day of leave.

The amount is based on your highest earning quarter in your base period. The EDD has an online calculator, but it is only an estimate. Your real amount comes after your claim is approved. If you were paid in cash, keep proof like bank deposits or payment app records. The EDD may deny wages it cannot verify.

Can I use other paid time? Yes. You can use paid sick days for prenatal checkups and pregnancy symptoms. California gives at least 5 days or 40 hours a year.

How do I apply, step by step?

1. Talk to your provider. Ask how long you will need off before and after birth. Your provider must certify your disability claim.
2. Tell your employer. Say you need pregnancy disability leave and, later, bonding leave. Give at least 30 days' notice if you can. Your employer may ask for a note from your provider for PDL. Keep a copy of everything you send.
3. Ask about your health insurance. If your employer pays for your group health plan, it must keep paying during PDL and CFRA.
4. File for SDI once you stop working. File no earlier than the 9th day and no later than the 49th day after your disability begins. Use SDI Online, or the paper DE 2501 if you do not have a Social Security number. The EDD says processing can take up to 14 days.
5. Watch your mail. At the end of your pregnancy disability claim, the EDD sends you a PFL claim form.
6. File for PFL within 41 days of the start of your bonding leave. Bonding claims do not need a doctor's certification.
7. Plan your return. At the end of your leave, you have the right to your same job or a comparable one, except in limited cases that have nothing to do with your leave, such as a layoff.

Missed a deadline? File anyway, and explain why it is late.

What if my baby is in the NICU?

A NICU stay is frightening, and it can make leave planning confusing. Here is what is clear:

• Your own recovery comes first. As long as your provider certifies that you cannot work, SDI can keep paying, up to 52 weeks for complications, and PDL protects your job up to 4 months.
• Paid Family Leave also covers caring for a seriously ill family member, and the EDD lists children among family members. Ask the EDD whether your baby's NICU stay can be claimed this way, and what your baby's doctor needs to certify.
• Bonding leave can be used any time in the baby's first year. You do not have to start it the day of birth.

What is less clear is the best order to use these when a baby is in the hospital. That depends on your health, your baby's health, and your job. Before you file, call the EDD or a free workers' rights clinic. Tell them your baby is in the NICU and ask which claim to file first.

One rule is clear: state law allows no more than 8 weeks of Paid Family Leave in any 12 months, in total (UI Code 3301). Weeks you claim to care for a sick baby and weeks you claim to bond come out of the same 8 weeks. Job protected CFRA leave is a separate 12 weeks.

Keep a simple log of the NICU dates, doctors' names and any letters. You will need them.

What if my employer says no?

Pregnancy leave, bonding leave and the health plan rules above are your rights. If your employer refuses, fires you, or punishes you for asking:

• Write it down: what happened, when, and who said it.
• Call the Civil Rights Department at 800-884-1684 (TTY 800-700-2320, or California Relay 711). The department enforces these laws whatever your immigration status, and it does not ask about status. You generally have 3 years to file a complaint.
• Talk to a free clinic before you quit or sign anything.

What about health care for me and my baby?

If you are pregnant, you can apply for full Medi-Cal whatever your immigration status, and it continues for a year after the pregnancy ends. Your baby can get Medi-Cal too. WIC helps with healthy food for pregnant people, new parents and children under 5. Call WIC at 1-800-852-5770. More: Medi-Cal for adults in 2026 and Food help for your family.

If your emotions feel heavy before or after birth, you are not alone. See Emotional support during pregnancy and after birth.

Who can help?

These are public offices and nonprofit groups. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• EDD State Disability Insurance: 1-800-480-3287, Spanish 1-866-658-8846, TTY 1-800-563-2441. Paid Family Leave: 1-877-238-4373, Spanish 1-877-379-3819. Monday to Friday, 8 a.m. to 5 p.m. Free interpreters on request.
• Civil Rights Department: job protected leave and pregnancy discrimination. 800-884-1684.
• Legal Aid at Work, Work and Family Helpline: free help with pregnancy leave, paid leave and changes at work. 800-880-8047 in California. English, Spanish, Cantonese, Mandarin and other languages. Leave a voicemail; it usually calls back in 2 to 3 business days. Work and Family Helpline
• Legal Aid at Work, Workers' Rights Clinic: a free and confidential workers' rights clinic for people within its income limits, or age 60 and over, in Spanish and many other languages. East Palo Alto line: (415) 404-9093. Workers' Rights Clinic

Questions people ask

When should I tell my boss? To use leave, give notice at least 30 days ahead when you can. If the need comes suddenly, tell your employer as soon as you can. Telling early, in writing, helps you both plan.

I work for a tiny business with 3 people. Do I get anything? PDL and CFRA need 5 or more employees. But SDI and PFL pay can still apply if SDI was taken out of your pay. Paid sick days apply at any size.

I am paid in cash. Can I still get SDI? Only if SDI was taken out of your wages. Ask your employer. If you have proof of your pay, keep it.

Does using SDI or PFL hurt an immigration case? The EDD says these benefits will not affect your path to citizenship. If you have a green card case, ask a legal helper about any other benefits. See Will using benefits hurt my case?

Is there a worksheet I can print?

Welcoming a child is a gift, even when the path is hard. Rest, heal and ask for help. You do not have to figure it all out alone.