Need Legal Advise for Going on Maternity Leave

First, I believe an employer must abide by the various Cal statutes that cover disability and the FMLA, regardless of size of company (I don't think there is an exemption for small businesses). That is part of the cost of doing business. Fairness (and making you feel guilty about it) is irrelevant. Second, your employer is wrong on multiple levels. You should contact the Cal EDD for more info on disability and family leaves http://www.edd.ca.gov/ (they are usually very helpful over the phone also).

D.,
Talk to a lawyer, this doesn't sound right at all. You are entitled to FMLA, 3 months unpaid with insurance, its California Law. And that is after maternity leave. You are also entitled to stop working at 36 weeks. Talk to a lawyer!

Call the labor board and address your questions to them. I think he is right about only being required to hold your job for 12 weeks. I also think it say's that he may be able to offer you a different position.

Having said that, do you really think it's fair to expect a business this tiny to do without 25% of it's employees for 3 months? I realize you have rights in the state, but what about the business' ability to function. I can see your point, but I can also see the other side.

Good luck with your baby!

By law you can take up to 16 weeks and your employer has to hold your job or return you to a job that is just like it. There is no such thing as quitting and re-hire when you go on maternity leave. Disability and FMLA each have their own rules and weeks of pay and it is 6 to 8 weeks depending on delivery under Disability and up to 12 weeks under FMLA (both men and women can apply to FMLA) However, if you want to take 16 weeks you can. You may also use any unused vacation time that you have accumulated as part of your leave. The only thing your employer doesn't have to do is pay you while you are maternity leave (other then vacation time). It sounds like your boss is a little misinformed. You should have all of these postings up somewhere in your office regarding pregnancy and disability. If you don't then that is a whole other problem. If anyone came in to your office the company could be fined something like $17,000 for not having all of these things posted for the employees. Please go to the EDD website and print out everything for your boss to see. I hope this helps. Good luck!
B.

Hi D.,

Here is a link that explains Family Medical Leave: http://www.dol.gov/esa/whd/state/fmla/ca.htm. It appears you aren't covered by the FMLA because there are not 50 employees at your job. BUT if the boss doesn't know that, it's not your job to tell him. However, under the provision he can require you to take your vacation concurrently with your leave. You would qualify for state disability whether you're employed or not. After the disability portion, usually 6 to 8 weeks, you can apply for partial pay for 6 weeks, also through State Disability Insurance. I would call the California EDD with your questions. Good luck with your leave and your baby!

Here is the FAQ for California Paid Family Leave:
http://www.edd.ca.gov/Disability/FAQs_for_Paid_Family_Lea...

Yes, your boss can make you take your vacation time upfront.
Yes, you will be eligible for receive benefits. See site for more info.

Your boss doesn't have it technicially correct. When you go on maternity leave following the birth of your baby, that's like an extended sick leave, as opposed to "quiting". This allows you to take either 6 weeks for a vaginal birth or 8 weeks for a C-section. That is why you apply (and are automatically granted) disability from the state, which amounts to a percentage of your salary (which is calculated from the last two quarters that your work and I think is something like 55%). If you have extended sick leave benefits through your work, you can take that time in order to continue getting paid during this time. This is when you are also receiving disability benefits through the state.

Following the completion of your maternity/sick leave (which is either 6 or 8 weeks), you are also eligible for FMLA which is the 12 weeks that your employer is referring to, which is federal time. The two leaves are separate. The state also provides for six weeks of benefits called bonding leave, which is an additional 6 weeks of paid benefits during your FMLA leave. Bonding leave is a California state benefit that your boss may not be aware of. Call the state disability office for more info-the other posts also have the website. With the two leaves combined, you should be eligible for up to 18-20 weeks of leave depending on your type of birth.

I was able to take a month off prior to my due date (unpaid sick leave which I used my extended sick leave benefit to cover), and took 3-1/2 months off following the birth of my daughter during which I used up the remaining sick leave and my saved up vacation time. I couldn't use vacation time to extend my leave beyond the 12 weeks of FMLA but I could use it to get paid while on leave. Hope that helps. I happened to be working for a big corporate place where the whole thing was automatic. But the bonding leave benefit from the state is relatively new. Take care and good luck with the coming adventure!

Not true. The FMLA says that you claim your vacation first then apply your FMLA benifits. There you should be covered by law and you can take your 14 week leave. I know because I was in Human Resource for 11 years and I did the FMLA 3 years ago to have my second child and I will do my FMLA again this September to have my next child. Go to www.edd.ca.gov or call 1-877-283-4373 and get the forms asap since you are leaving in August.

I have never heard of such a thing! Your NOT quitting you are going on maternity leave. I would call the disability office and look into it legally because your not being re-hired because if you are, he's trying to start vacation time and seniority over, this sounds WRONG! I recently had surgery and was off work 7 weeks and my boss made me use any vacation time I had toward being off work, which I thought was LAME but legal. I was then paid by disability and my work so I made extra money but now have no vacation time until September. (oh well)
I can't think of the name of whom to contact at the moment but when I do I'll write again
Good luck!

Hi D.,
I also work in a very small company and am having my third child any day now (my due date is Aug 2). I am working until I deliver and plan on taking off the month of August. As we work for small companies many of the rules do not apply to us. Pregnancy disability leave cover companies with 5 or more employees. I plan on applying for Family leave which gives you up to 6 weeks partial pay. I chose to only take a month because I know if I took more my employer would have to fill my position, and I need my full pay not partial. You do not have to quit but even the state says disability leave does can effect senority, and when you tell your company you are taking family leave the company can requset you use your vacation pay as part of your family leave, not in addition to. Good luck, I hope you find your answers- all of the sites that have been mentioned are very helpful.