What is the CA law on maternity leave for a business with only 5 employees? Is the employer required to hire them back after the pregancy leave? Is it illegal or legal to lay off a pregnant employee if the small business is down sizing?

What is the CA law on maternity leave for a business with only 5 employees? Is the employer required to hire them back after the pregancy leave? Is it illegal or legal to lay off a pregnant employee if the small business is down sizing?

Employers with 5 or more employees must offer leave for pregnancy related disability for up to 4 mos. (subject to med. certification that an actual disability exists) under the Fair Employment & Housing Act. All women will not need/get the total 4 mos. This is job protected leave. FMLA & CFRA do not apply - not enough employees.

She may also qualify for Ca SDI - it's not leave but income replacement while disabled.

You can terminate a pregnant employee if you would had taken the same action had she not been pregnant. Ca. pregnancy discrimination laws apply to employers with 5 or more employees.