I am in a similar situation. We have 19 employees, one has to take Maternity. How should I refer to this? I am confused to CFRA, and CFLA, are they the same? Which offers job protection? Her and I have talked about PDL but, as I understand there is no job protection there...and we do not qualify for FMLA.

She has worked here a little under a year and has no vacation time only 3 days sick leave.

If we can't afford operationally to have her out for 4 mos., what's a small company to do? We don't have anyone to fill in for her in her absence. Operationally we can't have her gone that long. But, I don't want to put pressure on her to come back if she is not ready... Help.

You don't have enough employees for FMLA or CFRA even if she had worked there a year.

Pregnancy Disability Leave-(under Fair Employment & Housing Act)
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.) However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition. All women will not require/need the total 4 mos of *disability* leave.
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.

For the period of time she is medically unable to work, she should be able to collect Ca. State Disability Insurance.

Ca. also has PFL (Paid Family Leave) where you can get up to 6 wks. of income while you are off to bond with a new child. However, there is no job protection here - only income replacement while you bond.

So if she is not DISABLED as described by law. She could have the baby and be back the next day?

Let's say she is not disabled due to pregnancy. Do we have any legal options to protect her job and give her time off? Because my boss will only do things if he is forced by law!:(

After childbirth you are considered disabled automatically for 6 weeks following a vaginal delivery and 8 weeks following a c-section and her doctor will provide certification to that. Depending on her doctor and her pregnancy, he will likely cert her as disabled prior to the due date as well but that depends far more on how her pregnancy goes.

http://www.dfeh.ca.gov/publications/publications.aspx?showPub=4 (Read this website.)

Also note below:
Conditions for which a pregnancy disability leave may be taken -
Pregnancy leave is required only when a woman is actually disabled by her pregnancy, childbirth, or a related medical condition. This includes time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, and any related medical condition. A woman does not have to be completely incapacitated or confined to her bed to qualify as being disabled by pregnancy. However, as a general rule, a woman must be unable to perform one or more essential functions of her job without undue risk to herself or to other persons or without undue risk to successful completion of her pregnancy. It is the medical opinion of the woman's physician or health care provider that determines whether she is disabled by pregnancy or a related medical condition.

She most likely is going to be approved by her dr. for time off before the birth & time off after to recover. If she has complications, she could be off up to 4months. Do not expect her to be back in days - it will be weeks. You more or less get at least 6 weeks after birth for a regular (vaginal) delivery & 8 weeks for a C-section.

Perfect!

I want to be fair to the employee and my boss is fighting me all the way!

Thank you so much!

You're quite welcome.