Maternity leave - small business California

[gitta]

I work for a company that employees only myself and the two owners. They offer no maternity or disability leave. They have already cut my hours back since I announced that I was pregnant.

I was wondering if I have any options under California law to receive pay while I am on leave. I planned to leave 4 weeks prior to my deliver date and to stay out for 6 weeks after delivery unless I have a csection than it would be 8 weeks?

Thanks

[Betty3]

Your employer doesn't have enough employees for you to qualify for any protection under federal or state pregnancy discrimination laws.

Your employer doesn't have enough employees for you to qualify for any job protected leave (FMLA, CFRA, PDL) for your pregnancy or bonding.

You would only get whatever amount of leave your employer is willing to give you & not job protected.

You would qualify for Ca. SDI only when you meet the requirements in the following link. This is not job protected leave (or any kind of leave) - it's income while you are disabled from your pregnancy.
http://www.edd.ca.gov/Disability/DI_Eligibility.htm

There's also a PFL (paid family leave) - income when you take time off/qualify for time off for bonding. It's income while on leave for bonding. It's not actual leave. In your case, you don't qualify for time off (leave) for bonding unless your employer would decide to give it to you.

[gitta]

Hi Betty,

Can you tell me how long the SDI lasts for? Can I apply for this coverage 4 weeks before my due date as long as I meet the requirements and for 6 weeks after? How early should I fill out the paperwork for this to make sure that I am recieving money while I am on leave?

Also I am a little confused when it comes to the PFL is this something that I can apply for in addition to SDI or would I chose one over the other. What qualifies as bonding time and how long do you get?

Thanks so much.

[Betty3]

This link should answer your questions re Ca SDI - if you still have any add'l. specific questions, please let me/us know.

http://www.disabilitybenefits101.org...t/sdi/faqs.htm

Usually bonding time (leave) is under CFRA which you don't qualify for @ your employer doesn't have enough employees. PFL is in addition to SDI - SDI is income while you are disabled due to preganacy & PFL is add'l. pay after you are no longer disabled but bonding with baby. The only way you would get bonding leave is if your employer would give you add'l. time off for bonding after the leave they give you for pregnancy disability. They don't have to give you *any* leave at all in your case.

I'll include a link on the PFL.

http://www.edd.ca.gov/Disability/FAQ...mily_Leave.htm

[gitta]

Thank you so much for all your help.

I do have one more question; since I told my employer that I am pregnant they have cut my hours back. I used to be salary 40+ hours per week with them paying part of my insurance and 1 week paid time off. Now they divided that salary rate by the hour and they are paying me hourly. They did not give me a pay decrease but each week I am working fewer hours.

Is there anything that I can do in this situation to cover the difference?

Thanks again

[Betty3]

First off just to summarize & clarify the info re leave & income during your pregnancy - you don't qualify for any job protected leave or any leave at all except what your employer is willing to give you (not job protected). You would receive Ca SDI & PFL only when the requirements are met that are in the links I provided. (not leaves - just income) Did you pay into Ca SDI through payroll taxes?

Re your post above, depending on how many hrs. less you are getting & how much less income you are getting a week, you "might" qualify for partial unemployment ins. to make up the difference.

[gitta]

I understand that I have no job protection and my boss is okay with my leave for now. I guess I will find out if they change there mind when I try to return. They change their minds often???? We will see what happens as we get closer to that day.
Is my insurance coverage still protected or will I loss that coverage during my leave?

As far as I can tell from reading the links that you provided I would qualify for both SDI and PFL. Yes I currently pay into SDI.

How would I find out if I qualify for partial unemployment insurance?

Thanks

[Betty3]

Since FMLA doesn't apply, your employer doesn't have to continue your health ins. coverage or if they do, pay any part of the premium. (unless there is something in your plan document to the contrary)

Re UI - you would have to call the UI office & ask. However; they will only give you a "tentative" answer. They never make a definite decision until UI is actually applied for.

[Betty3]

I might just mention that even if you qualify for Ca SDI & PFL, your employer doesn't have to give you time off for pregnancy disability or bonding & any time you are given is not job protected. I think you understood that though.

However, you can still qualify for (get) SDI/PFL.

[Endeavor]

Although firing an employee because of her pregnancy is still a violation of the California constitution as against public policy even if the FEHA does not apply.

[Betty3]

Thanks for adding that re when the FEHA does not apply re pregnancy discrimination (need 5 or more employees) - that pregnancy discrimination would still be against public policy.