Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Basic questions and options for not returning to work? California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Basic questions and options for not returning to work? California

    Hi. I've been at my current company for about 8 years and am thinking that after I have a baby would be a good time to depart.

    What are my options? My company handbook says nothing about maternity leave - so I'm assuming it's all just based on the basic state laws and they don't do anything in addition.

    Are the disability benefits and paid family leave law paid by the state or by the employer? What happens if I decide not to return to work after having a baby? Or what if I tell my employer prior to my maternity leave starting?

    Any help would be greatly appreciated - I really have tried to research this but it seems like everything is only geared towards returning to work...

    Thank you so much!

  • #2
    Hi. First off, are you currently pregnant or asking for when you get pregnant in the future? I'm not sure from reading your post. I see you worked for your employer for 8 years. Does your employer have at least 50 employees within a 75-mile radius of where you work? If you are currently pregnant, will you have worked at least 1,250 hours for your employer in the 12 months immediately preceding the leave?

    After we get these answers, we can tell you what all leaves & disability benefits are available to you whether you do return to work (decide to return to work) or if you don't.
    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.

    Comment


    • #3
      I'm not currently pregnant - so it is a future question.

      I will have worked more that 1250 hours in the year leading up to it. My company has many more that 50 employees within a 75 mile radius.

      Thanks so much!

      Comment


      • #4
        In Ca. most female employees can take up to 4 mos. of leave for childbearing & pregnancy related disability (subject to med. certification that an actual disability exists) under the Fair Employment & Housing Act. The fed. FMLA & the state act are generally in alignment except in Ca. a woman can take a 4-mo. pregnancy disability leave followed by a 3-mo. fam. med. leave. This is the rare circumstance when leave under the FMLA & Ca. Fam. Rights Act don't run concurrently--FMLA leave will run concurrently with the 4-mos. of pregnancy disability leave, after which the Fam. Rights Act rights can be invoked for an add'l. 3-mo. leave.
        This is all job-protected leave. However, some women will not qualify for the total 7 mos.

        Ca SDI & PFL does not grant additional leave but pays you while you are out on approved leave.

        Here is a link to questions & answers on the Ca SDI:
        http://www.disabilitybenefits101.org...t/sdi/faqs.htm

        Here is a link to questions & answers on the Ca PFL:
        http://www.edd.ca.gov/Disability/FAQ...mily_Leave.htm

        If you have any specific questions, please let us know.
        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.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X