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Thread: W2 Employee - Contract end 1 month after delivery date - California California

  1. #1
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    Default W2 Employee - Contract end 1 month after delivery date - California California

    Hi All - need help with the following situation.

    Delivery date: July 1, 2016


    - W2 employee
    - Started employment with company on April 6, 2015. Work 40 hours a week.
    - Company has 15-20 employees
    - CA State Disability is deducted from my paycheck
    - I have NO benefits and NO time off/maternity leave with the company
    - Contract based. Current contract is scheduled to end July 31, 2016 (one month after delivery date)
    - Once my contract ends I don't have a job or paycheck so everything is contract based.

    I'm not worried about unpaid time off or job security, but would like to understand how I can get paid while taking time off during pregnancy and post delivery.
    - Can I apply for CA SDI? And do I get 4 weeks prior and 6 weeks post? What happens if I deliver early?
    - Would FMLA apply to me?
    - Any other benefits I can apply for?
    - I read somewhere that a person got disability insurance - anyone familiar with this and would it be too late to buy insurance?


    I'm super confused since I'm a W2 employee and contract based. I appreciate your help in advance!

  2. #2
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    It is not unheard of for an employee, who receives a W-2, to have a contract of employment for a specific period. I work in academia and it's a very common thing there.

    While FMLA might apply for the time before your contract ends, FMLA does not protect you from a termination that would have happened anyway, so unless it is extended prior to that your contract would still end on July 31.

    You can try to buy a disability policy now but it's unlikely in the extreme that you will be able to buy disability benefits now that will cover a pregnancy that's already in progress. I'm not saying don't try - it's not prohibited by law but most disability policies have a waiting period that would preclude this.

    All you can do is apply for disability benefits when you have the baby and see what they say. In 45 states you would not have any guarantee of pay during your leave in any case; just thank your lucky stars that you're in California.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  3. #3
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    FMLA (& CFRA) apparently will not apply (even after 1 yr. requirement met) since 15-20 employees (need 50 or more employees in a 75 mi. radius of work site). You can probably get unpaid job protected leave while disabled from your pregnancy under Ca. Pregnancy Disability leave (PDL). This is up to 4 mos. as long as disabled though your contract ends apparently 7-31-16. Only 5 employees required & applies no matter how long worked for employer. It does not include bonding time.

    You note Ca. SDI is deducted from your paycheck - you can try applying for it when you become medically unable to work.

    There is also Paid Family leave (PFL) - however is not actual leave but income when takes time off for bonding. You will not qualify for bonding time due to not enough employees. (your contract ends 7-31-16 anyway)

    Since you are a W-2 employee, I would think the above applies.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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  4. #4
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    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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