Hi everyone! I am working in a small start-up corporation in Bay Area, CA with 17 employees. We have an employee who is pregnant and she has been with our company since March 2006. Since we are just a start-up we don't have any policies about maternity leave and I am wondering if you can recommend any websites to look into. I am interested to find out how long can she take the leave for? Who and how much will she be paid? I will appreciate any help in this matter.
turbowray
06-28-2006, 04:24 PM
Hi everyone! I am working in a small start-up corporation in Bay Area, CA with 17 employees. We have an employee who is pregnant and she has been with our company since March 2006. Since we are just a start-up we don't have any policies about maternity leave and I am wondering if you can recommend any websites to look into. I am interested to find out how long can she take the leave for? Who and how much will she be paid? I will appreciate any help in this matter.
It doesnt sound like your company is big enough to qualify for family medical leave (fmla),and I don't know if there are other laws in california that would make it to where her employer would even have to hold her job for her,when she leaves. There is no laws anywhere that says that the employer has to pay her anything while she is out on maternity leave,but she may qualify for assistance through the state,that could help her with money,food,and medical care. Each and every state is different in what they offer,so this is just based on what I know in Oregon,sorry! If there are no laws backing her up when she leaves from work,I would suggest that she speak to her employer and ask them,how long would you hold my job for me?
Marketeer
06-28-2006, 04:52 PM
I'd suggest that we leave this question for Megan Ross Hutchins to answer (or you may want to look for posts by her that reference California). California has some of the most generous benefits of any state.
turbowray
06-28-2006, 05:01 PM
I'd suggest that we leave this question for Megan Ross Hutchins to answer (or you may want to look for posts by her that reference California). California has some of the most generous benefits of any state.
That sounds like a great idea,i like Megan Ross Hutchins! :)
Megan Ross Hutchins
06-28-2006, 05:24 PM
You are required to hold her job while her doctor certifies that she is disabled by pregnancy for up to four months (most women are only disabled by pregnancy from 2-4 weeks before their due date until 6 weeks after the baby is born, though). She will get state disability payments, but through the state, not through you. While you do not have to hold her job after that time, I would strongly urge you to consider allowing an additional 6 weeks, as she would be eligible to be paid under the Paid Family Leave program by the state.
{and tubrowray, I like you too!}
turbowray
06-29-2006, 12:24 AM
You are required to hold her job while her doctor certifies that she is disabled by pregnancy for up to four months (most women are only disabled by pregnancy from 2-4 weeks before their due date until 6 weeks after the baby is born, though). She will get state disability payments, but through the state, not through you. While you do not have to hold her job after that time, I would strongly urge you to consider allowing an additional 6 weeks, as she would be eligible to be paid under the Paid Family Leave program by the state.
{and tubrowray, I like you too!}
I look forward to reading your future posts!! :p
pmx
06-29-2006, 11:50 AM
Thank you everyone for replying! We are just a new company and don't even have an HR person! So I am trying to figure out things myself so that I can help our employee. One question I have is what happens to employee and employer contributions towards benefits while an employee is on maternity leave? We have an IRA plan where both employee and employer make contributions. Does the company have to continue contributions? I will appreciate any help!
Thanks to everyone!
Irish InHouse Lawyer
07-04-2006, 07:10 AM
Hi there,
I think this is similar to my earlier post. So the answer to your benefits query is that you should pay her benefits if you would also pay another employee's benefits if they were on disability leave for reasons other than for pregnancy. If you are a small company and have not come across any instances of disability leave, then now is your time to formulate a policy. You should apply this policy with an even hand - so if someone is absent for reasons of disability next year, you should treat them the same as you treat your pregnant employee now.
Best regards
Irish InHouse
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