California411
11-20-2008, 07:48 AM
Company size - over 40,000 employees
The company policy on Paid Maternity Leave states you must be a full time employee for 1 year to be eligible.
Question- I was a full time intern for 1 year and now am 6 months into my full time (regular) status in the same department (converted). My baby should be born when I'm 1 month shy of meeting the 1 year full time requirement however do I have a case for paid leave since I've been doing the same work for close to 2 years by the point of birth?
I realize I can take unpaid leave however it's the paid leave I'm trying to work out. Thank you very much.
whitneywonders
11-27-2008, 05:53 PM
i don't think you can because it wouldn't have been a whole year you can ask your employer tho and see what they come up with but i think you'll have to settle with unpaid time off.
Endeavor
11-27-2008, 07:51 PM
Company size - over 40,000 employees
The company policy on Paid Maternity Leave states you must be a full time employee for 1 year to be eligible.
Question- I was a full time intern for 1 year and now am 6 months into my full time (regular) status in the same department (converted). My baby should be born when I'm 1 month shy of meeting the 1 year full time requirement however do I have a case for paid leave since I've been doing the same work for close to 2 years by the point of birth?
I realize I can take unpaid leave however it's the paid leave I'm trying to work out. Thank you very much.
It depends on how your employer defines "employee." What other types of paid leave does your employer offer? How do those other leaves compare with their maternity leave policy? They should be treating all leaves equally. Because you are talking about paid benefits, which is not legally required, the question ultimately will have to be answered by your employer.
Betty3
11-28-2008, 06:05 PM
Let's say that you don't qualify for FMLA or CFRA (for bonding) (though you should qualify for these after 1 yr. & work 1250 hours in the 12 mos. immediately preceding leave & work at a location with 50 or more employees within a 75 mile radius). You can also get PFL (*Paid* Family Leave) but only when you get time off/qualify for time off for bonding.
You should still qualify for up to 4 mos. of leave under the Ca. Pregnancy Disability Leave Act while you are disabled due to pregnancy. An employer must provide up to four months disability leave for a woman who is disabled due to pregnancy, childbirth, or a related medical condition. (subject to med. cert.) Eligibility for pregnancy leave:
A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.
(This is unpd. job protected leave.) Applies to employers with 5 or more employees.
You should also be eligible for Ca. State Disability Income benefits (while you are off on Ca Pregnancy Disability Leave) if you meet all of the following criteria:
You are unemployed and disabled. (includes pregnancy)
You were working when you became disabled.
You are unable to do your usual work because of an illness or injury.
You worked in covered employment.
You have a physician's certificate supporting your claim.