I have a question regarding maternity leave in CA. I currently work for a small company that has 7 employees. I am due in Feb 2007 and as of now, I do not plan to return to my job. Not sure if it matter, but I have worked for this company on and off since 2003 and have been back full time since April of this year.

My company does not have an HR department and I can not find any policies related to pg leave.

Please correct me if I am wrong: I understand that I am eligible for SDI for up to 4 week prior to my due date and then 6-8 weeks after I deliver. During this time, my job is protected. After this time, I am eligible for another 6 weeks of PFL, but my job is not protected.

My questions:

1) At what point am I obligated to tell my employer that I will not be returning to work? How much notice do I need to give?

2) When discussing my maternity leave w/ my employer, do I need to let them know that I will be taking PFL, even though my job is not protected during this time? What are my options if they tell me that they won't hold my job if I take PFL?

3) If I decide not to go back to work, can my company compel me to repay the health insurance premiums that they paid while I was on SDI? What about while I was on PFL?

Thanks in advanced for your help!

I'll answer your questions in the order you presented them:

1. You are not "obligated" to give any notice. However, if you just up and quit, this may leave you in bad stead with your employer. If you are ever planning on using this employer (maybe as a reference, if you apply for another job down the road), you may want to leave on good terms.

2. You are correct that your employer does not have to hold your job for you while you are on PFL, but if you are not planning on returning to work after your PFL is exhausted (as you posted), what's the big deal?"

3. Regarding your health insurance benefits while on PFL - verify that your company will be paying them? There is no requirement that they do so.