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CA Maternity Leave for small business California

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  • CA Maternity Leave for small business California

    I only have 1 full time employee who is newly pregnant. What am I legally obligated to do for my employee. I read in some places that I may have rights too if her pregnancy causes my business undue stress. Thanks!

  • #2
    You don't have enough employees for her to qualify for any protection under federal or state pregnancy discrimination laws.

    You don't have enough employees for her to qualify for any job protected leave (FMLA, CFRA, PDL) for her pregnancy or bonding. (need at least 5 for PDL, more for FMLA/CFRA)

    She would only get whatever amount of leave you are willing to give her & not job protected.

    She would qualify for Ca. SDI only if she meets the requirements in the following link. This is not job protected leave (or any kind of leave) - it's income while she is disabled from her pregnancy.
    http://www.edd.ca.gov/Disability/DI_Eligibility.htm

    There's also a PFL (paid family leave) - income when an employee takes time off/qualifies for time off for bonding. It's income while on leave for bonding. It's not actual leave. In her case, she wouldn't qualify for time off/leave for bonding unless you would decide to give it to her.


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