Medical Maternity in California

[Profiler]

I have a few questions about emergency maternity leave in California.

First, how long is maternity leave by law?

Second, can you be demoted during maternity leave with or with out even having a meeting regarding it?

If you are contracted as a manager, can they take that title away while on maternity leave?

Thanks, Profiler

[LConnell]

First, how long is maternity leave by law? In addition to the up to 12 weeks of leave offered by the federal Family Medical Leave Act, California has its own versions of the law, one of which provides for up to 4 months of leave. These leaves are unpaid and do require employees meet eligibility requirements. California also has a short term disability program which provides for paid leave. You can look at the following website for more information: http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm

Second, can you be demoted during maternity leave with or with out even having a meeting regarding it? You can as long as the reason for the demotion is not related to your pregnancy or any other status protected by federal, state and local law. The reason that most employers take the route of progressive discipline, or at least talking with the employee about the reasons for the demotion, is to prevent any misunderstanding that the demotion is related to the person's protected status.

If you are contracted as a manager, can they take that title away while on maternity leave? See the above answer. It is applicable here.