It depends.
Paid Family Leave and State Disability Insurance provide income replacement to you while you are on leave. They do not guarantee job protection during your leave. However, you may be eligible for job-protected leave through the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or the California Pregnancy Disability Leave (PDL) law.
If you are eligible for job protection under the above laws, this means that your employer cannot terminate you or in any way retaliate against you for taking time to bond with a new child, care for someone else, or care for your own serious health condition.
In California, you are eligible for job protection under the California Family Rights Act (CFRA) if you meet the below criteria:
- you need to bond with a new child, care for a seriously-ill family member, or care for your own serious health condition;
- you work for a business with 5 or more employees
- You’ve worked for that business for at least 12 months and worked a minimum of 1,250 hours within the last 12 months.
In California, you are eligible for job protection under Pregnancy Disability Leave law if you meet the below criteria:
- You are a worker with a pregnancy-related condition (pregnant or recovering from pregnancy);
- You work at a business with 5 or more employees.
- There are no tenure or hour requirements for Pregnancy Disability Leave (PDL). So, you are not required to work at the business for a certain number of months or hours to be eligible for job protection under Pregnancy Disability Leave (PDL).
If you are a union member, you may also have the right to job-protected leave through a collective bargaining agreement.