I work for a small company with 6 employees in California. I think that CA law allows up to 12 weeks of maternity leave, but I have not found anything that tells me how much, if anything, I can receive in pay and benefits. My employer pays 100% of my health insurance cost and we do not have a handbook stating sick/vacation time, it's always been very lax, taking sick/vacations as requested. I am wondering how long I can take off after having my baby and how much I legally can get paid? Can anyone help? Thanks!

We are in the same boat! I haven't found anything yet. Please, if anyone has info, it would be appreciated!

A company that small is not covered by the federal FMLA or the state CFRA (50 employees).

Employees of businesses with 5 or more employees are covered by the state's Pregnancy Disability Leave law, which provides up to 16 weeks of leave (unpaid, no benefits) for disability relating to pregnancy and for childbirth. Note that the leave is for actually disabilty, not bonding. If you are eligible for CFRA (which you aren't), you can take CFRA leave for bonding after PDL leave for up to 12 weeks. For more information, see http://www.edd.ca.gov/fleclaimpfl.htm.

Note that California's paid family leave law went into effect last year. It applies to all employees. It is not a leave law, however -- it does not require employers to give time off or to hold jobs open when an employee is out on leave. All it does is give employees partial pay while they're on leave for up to 6 weeks. For more information, go to the Cal. government webpage: http://www.edd.ca.gov/fleclaimpfl.htm.

Hope this helps.

Cynthia
www.worklifelaw.org


Note: the foregoing is provided for educational purposes only and does not constitute legal advice.

Thank you so much for the reply. You confirmed the information that I was reading, and as I feared, I do not have much job protection if I choose to take time off for bonding.

JT