Parental Leave in California Before Birth: When to Start Your Leave (Weeks 1-4 Before Due Date)
If you're trying to figure out when you can actually start pregnancy leave in California before your baby arrives, you're probably drowning in confusing acronyms and getting zero clear answers from your HR department. Can you really stop working at 36 weeks? Will you get paid? Is your job protected? Here's what you need to know about weeks 1-4 before your due date.
When Can You Start Pregnancy Leave California Before Your Due Date?
In California, eligible employees can start pregnancy leave as early as four weeks before their due date (36 weeks pregnant). During weeks 1-4 before birth, California leave laws provide both wage replacement through State Disability Insurance (SDI) and job-protected leave through Pregnancy Disability Leave (PDL).
Quick Answer for Weeks 1-4 Before Birth:
Pay: 70-90% of wages through State Disability Insurance depending on your income level (up to $1,681/week in 2025)
Workers earning approximately $63,000 or less annually: 90% wage replacement
Workers earning more than $63,000 annually: 70% wage replacement
Job Protection: Pregnancy Disability Leave (PDL) protects your position
Eligibility: Most employees who've paid into CA SDI and work for employers with 5+ employees
Duration: Up to 4 weeks before delivery
Note: These benefit rates are current as of 2025 and may be subject to change in 2026.
Part of a Series: This is Part 1 of our California Maternity Leave Timeline series. This article covers ONLY weeks 1-4 before birth. Part 2 will cover postpartum recovery, Part 3 covers bonding leave, and Part 4 covers extended leave.
Understanding California Leave Laws for Weeks 1-4 Before Birth
California pregnancy leave laws work differently from most states because multiple programs provide overlapping protection. During the 1-4 weeks before birth, specifically, two key California leave laws apply simultaneously.
State Disability Insurance (SDI): Your Wage Replacement
State Disability Insurance provides partial wage replacement when you cannot work due to a health condition, including pregnancy, childbirth, and related disabilities during the final weeks of pregnancy.
SDI for Pre-Birth Period:
Payment: 70-90% of your wages, depending on your income level
Workers earning approximately $63,000 or less annually: 90% wage replacement
Workers earning more than $63,000 annually: 70% wage replacement
Maximum: $1,681 per week (2025)
Start Date: 36 weeks pregnant (4 weeks before due date)
Waiting Period: 7-day unpaid period for first claim
Duration Before Birth: Until you deliver your baby
Funded By: Employee payroll deductions (CA SDI)
Note: These benefit rates are current as of 2025 and may be subject to change in 2026.
Pregnancy Disability Leave (PDL): Your Job Protection
PDL is a California leave law that provides job protected leave specifically for pregnancy childbirth and related medical conditions during the weeks before delivery.
PDL for Pre-Birth Period:
Duration: Up to 17.3 weeks while you are disabled by pregnancy or delivery
Employer Size: 5+ employees
Job Protection: Same or comparable position guaranteed
Health Insurance: Employer must continue coverage
Service Requirement: None (protected from day one)
How SDI and PDL Work Together Before Birth
These programs run concurrently during weeks 1-4 before birth:
What You Need | Which Program Provides It
Income/paycheck | SDI (70-90% wage replacement from state)
Job security | PDL (protection from employer)
Health insurance | PDL (employer continues coverage)
Note: SDI rates are current as of 2025. Workers earning approximately $63,000 or less annually receive 90% wage replacement; workers earning more receive 70% wage replacement, capped at $1,681/week.
Think of it this way: SDI pays you while PDL protects your job. Both happen at the same time during your pre-birth leave.
Why Pre-Birth Leave is Separate from Bonding Leave
Comparison: Pregnancy Leave vs. Bonding Leave Eligibility
| Requirement | Pregnancy Leave (PDL) | Bonding Leave (CFRA) |
|---|---|---|
| Employer Size | 5+ employees | 5+ employees |
| Service Time | None required | 12 months required |
| Hours Worked | No minimum | 1,250 hours in 12 months |
| Purpose | Medical disability | Bond with a new child |
| Who Qualifies | Birthing parents only | All parents (birth, adoptive or foster) |
Why This Distinction Matters for Pre-Birth Leave: Pregnancy Disability Leave (what you use weeks 1-4 before birth) is completely separate from the California Family Rights Act CFRA (used later to bond with a new child). Taking 4 weeks before birth through PDL doesn't reduce your 12 weeks of CFRA bonding leave later.
Who is Eligible for Pregnancy Leave California Before Birth?
State Disability Insurance Eligibility for Pre-Birth Period
To receive payment during weeks 1-4 before birth, you must meet these requirements:
Wage Requirements:
Earned at least $300 during your base period (5-18 months before claim)
Paid into State Disability Insurance through payroll deductions
Look for "CASDI" or "SDI" on your paystub
Medical Certification:
Healthcare provider certifies you cannot work due to pregnancy-related health condition
Certification typically available starting at 36 weeks pregnant
May qualify earlier with complications (preeclampsia, gestational diabetes, bed rest)
Work Status:
Unable to perform regular or customary work due to pregnancy
Don't need to be currently employed when filing, but do need to be actively looking for work if unemployed
Pregnancy Disability Leave Eligibility for Pre-Birth Period
To receive job protected leave during weeks 1-4 before birth:
Employer Size: Employer must have 5+ employees within 75 miles (more inclusive than federal laws requiring 50+)
Employment Duration: No minimum service requirement, you're protected from your first day of work. This is different from the California Family Rights Act CFRA which requires 12 months of employment.
Disability by Pregnancy: Your pregnancy must prevent you from performing your regular job duties, as certified by your healthcare provider. This includes normal pregnancy symptoms at 36+ weeks, not just complications.
How Much Does Pregnancy Leave California Pay During Weeks 1-4 Before Birth?
State Disability Insurance Payment Calculation
California's State Disability Insurance uses a tiered system that provides higher wage replacement for lower earners:
Formula:
Workers earning ≤$63,000 annually: 90% replacement rate (up to $1,681/week maximum)
Workers earning >$63,000 annually: 70% replacement rate (up to $1,681/week maximum)
2025 Maximum: $1,681 per week
Example for $50,000 Annual Salary (90% Rate):
Calculate weekly wages: $50,000 ÷ 52 = $961
Apply 90% rate: $961 × 90% = $865
Total weekly SDI: $865
Example for $80,000 Annual Salary (70% Rate):
Calculate weekly wages: $80,000 ÷ 52 = $1,538
Apply 70% rate: $1,538 × 70% = $1,077
Total weekly SDI: $1,077
Your Total Pre-Birth Income:
Week 1 (36 weeks pregnant): $0 (waiting period)
Week 2 (37 weeks pregnant): $865 (for $50k earner) or $1,077 (for $80k earner)
Week 3 (38 weeks pregnant): $865 or $1,077
Week 4 (39 weeks pregnant): $865 or $1,077
Total received during pre-birth period: $2,595 (for $50k earner) or $3,231 (for $80k earner)
Note: These rates are current as of 2025 and may be subject to change in 2026.
Understanding the 7-Day Waiting Period
Your first State Disability Insurance claim includes a mandatory 7-day unpaid waiting period.
How It Works:
Days 1-7 of your California disability leave: No payment
Day 8: Benefits begin
You receive your first payment approximately 14 days after EDD approves your claim and you’ll be paid retroactively starting on your eighth day of leave.
Important: This waiting period applies only to your initial disability claim. Your pregnancy disability continues after birth with no additional waiting period.
Frequently Asked Questions About Pregnancy Leave California Before Birth
Can I use sick time or PTO during my pregnancy leave California?
You're not required to exhaust paid time off before accessing pregnancy leave California through State Disability Insurance. However, you can use PTO or sick time if you’d like.
Options for PTO During Pre-Birth Leave:
Use PTO to cover the 7-day unpaid waiting period
Supplement SDI with PTO to reach 100% wage replacement
Save PTO to extend your parental leave after CA paid leave ends
What if I have pregnancy complications before 36 weeks?
You can start pregnancy leave California earlier than 36 weeks with proper medical certification. State Disability Insurance doesn't have a fixed start date—it's based on when your health condition prevents you from working.
Common Reasons for Early Pregnancy Leave California:
Preeclampsia or high blood pressure
Gestational diabetes requiring intensive management
Severe hyperemesis (morning sickness)
Preterm labor concerns or cervical insufficiency
Modified bed rest or activity restrictions
Your healthcare provider certifies the earlier start date based on your specific health condition. California leave laws protect you from the date your disability begins, not just at 36 weeks.
Can my employer force me to start pregnancy leave California at 36 weeks?
No. California leave laws explicitly prohibit employers from requiring pregnancy leave before you're actually disabled by pregnancy childbirth.
Your Rights Under Pregnancy Leave California:
You and your healthcare provider determine when pregnancy affects your work ability
Your employer cannot mandate early leave based solely on pregnancy
Protected from discrimination for working while pregnant
Cannot be forced to use PDL before medical necessity
Employer Can: Offer accommodations or modified duties
Employer Cannot: Force you on medical leave before you're disabled
Will my health insurance continue during pregnancy leave California?
Yes. Under Pregnancy Disability Leave law, your employer with 5+ employees must continue your health insurance coverage during your medical leave.
Health Insurance During Pre-Birth Leave:
Employer maintains coverage on same terms as when working
You remain responsible for your usual employee premium contributions
Coverage continues throughout your job protected leave under PDL
Applies to medical, dental, and vision if you had them before
How to Pay Premiums: Some employers deduct from any remaining paychecks, others send bills directly. Clarify the payment process when you notify your employer about your pregnancy leave California.
What if I go into labor before 36 weeks or before starting leave?
If you work until delivery without taking pre-birth pregnancy leave California, you don't lose your postpartum benefits, you simply don't receive the 1-4 weeks of State Disability Insurance payment for the pre-birth period.
What You Still Receive:
Full 6-8 weeks postpartum SDI (based on delivery type)
Job protected leave under PDL for recovery
Employer continues health insurance
Eligibility for 12 weeks bonding leave under California Family Rights Act later
There's no penalty under California leave laws for not taking pre-birth leave. Some eligible employees prefer working as long as possible, and that's completely acceptable.
Do I need to file separate claims for before and after birth?
No. Your pregnancy leave California claim through State Disability Insurance is continuous. You file once and it covers both pre-birth and postpartum periods.
How the Single Claim Works:
File SDI claim 9 to 49 days after you stop working
Medical certification covers entire pregnancy childbirth disability period
Claim automatically continues after delivery for 6-8 weeks recovery
No new application required for postpartum period
When You Do Need a New Claim: After you are no longer disabled, you'll file a separate Paid Family Leave PFL claim to bond with a new child. PFL is a different program from SDI, even though both support your pregnancy leave in California.
Get Expert Help Navigating Pregnancy Leave California Before Birth
Six weeks after returning from my second parental leave in early 2021, I realized something devastating: I'd missed out on 12 weeks of additional leave and thousands of dollars in benefits I'd earned. My employer gave me time off, but I was completely on my own to figure out State Disability Insurance, job protection, and how to actually extend my pregnancy leave California beyond the basics.
When the postpartum fog cleared, it became obvious: the system was broken. Not because California leave laws are bad, they're actually some of the most generous in the country, but because no one explains how they actually work. Navigating PDL, SDI, CFRA, and PFL while pregnant or caring for a newborn is nearly impossible when you're getting conflicting information from HR and drowning in confusing EDD forms.
I knew I wasn't alone in this struggle, so I created Hello, Bundle.
Since launching, we've helped more than 1,700 parents get the pregnancy leave they deserve. Our goal is simple: make sure you get every day and every dollar of leave you've earned, without the overwhelm and confusion I experienced.
The California Parental Leave Bundle
What you'll get:
A 45-min one-on-one video call to talk through all of your parental leave options and put together a plan to get the most paid time off possible
PDF Guide: Navigating Parental Leave in CA that explains all the benefits available to you along with how, where and when to apply
Personalized parental leave calendars for you and your partner
Post-call email recap and list of action items and additional resources
Access to client-only office hours if any questions come up after your call
Who it's for:
New and expecting parents who want to make sure they are getting the longest paid parental leave possible
Anyone who has paid into CASDI (check your paystub for the deduction) in the 18 months prior to going on leave
Anyone who feels their HR isn't providing all the info they need and wants the support and confidence of working with a parental leave expert
