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( male) wants to know if he is entitled to 6 weeks paid leave for baby? California

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  • ( male) wants to know if he is entitled to 6 weeks paid leave for baby? California

    We are a small business, 6 employees. My (only) warehouse shipper just asked me if he is entitled to 6 weeks paid leave when his wife has their baby. We have never had an employee have a child, so this is a first for me. I told him that he wasn't the one having the baby, so I didn't think he was covered?

    Question #1: Is he entitled to this paid time off via SDI? ( Even though his wife is taking maternity leave and PFL to care for the baby?)

    Question #2: I will have nobody to do his job while he is gone, and will need to hire someone else to do it...which means I won't need him to come back to work. ( He wants to take off during one of our busiest months)

    How do I handle this legally?

    Thank you for any help with this!

  • #2
    1. This is not SDI for the father. The father is not disabled.

    Does FMLA apply?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      1. This is not SDI for the father. The father is not disabled.

      Does FMLA apply?
      Hi,
      That's what I thought. He also works for UPS part time, and they told him he was entitled to 6 weeks, but I told him they were Union employees, and that might be why.
      I don't have a clue.
      L

      Comment


      • #4
        Originally posted by Pattymd View Post
        1. This is not SDI for the father. The father is not disabled.

        Does FMLA apply?
        I looked at the sample FML form, and it seems to be geared towards woman only. There is some other clause about "bonding" time with a child, so maybe he is entitled to the assistance because of that.

        I also can't hold his job for that long, I need to have a shipper, or my business will not function.

        Comment


        • #5
          Originally posted by lbraun View Post
          We are a small business, 6 employees. My (only) warehouse shipper just asked me if he is entitled to 6 weeks paid leave when his wife has their baby. We have never had an employee have a child, so this is a first for me. I told him that he wasn't the one having the baby, so I didn't think he was covered?

          Question #1: Is he entitled to this paid time off via SDI? ( Even though his wife is taking maternity leave and PFL to care for the baby?)

          Question #2: I will have nobody to do his job while he is gone, and will need to hire someone else to do it...which means I won't need him to come back to work. ( He wants to take off during one of our busiest months)

          How do I handle this legally?

          Thank you for any help with this!
          He would not be paid SDI - that is income while you are off on disability leave. It's only
          income - provides no job protection. He's not disabled.

          Here is a link on PFL (Pd. Family Leave) - it's income while out on
          qualifying leave. From the link but you will want to read complete link:
          Is a Paid Family Leave claimant’s job protected?
          The Paid Family Leave program does not protect anyone's job. It simply provides partial wage replacement when an employee cannot work due to the need to care for a child, parent, spouse, or registered domestic partner, or to bond with a new child. An employee may have his or her job protected under other laws, such as the FMLA or the CFRA.

          No job protection since FMLA/CFRA do not apply in this case. (not enough employees) The amount of time you
          allow off is up to you in this case.
          Last edited by Betty3; 01-31-2011, 10:06 PM.
          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


          • #6
            Originally posted by Betty3 View Post
            He would not be paid SDI - that is income while you are off on disability leave. It's only
            income - provides no job protection. He's not disabled.

            Here is a link on PFL (Pd. Family Leave) - it's income while out on
            qualifying leave. From the link but you will want to read complete link:
            Is a Paid Family Leave claimant’s job protected?
            The Paid Family Leave program does not protect anyone's job. It simply provides partial wage replacement when an employee cannot work due to the need to care for a child, parent, spouse, or registered domestic partner, or to bond with a new child. An employee may have his or her job protected under other laws, such as the FMLA or the CFRA.

            No job protection since FMLA/CFRA do not apply in this case. (not enough employees) The amount of time you
            allow off is up to you in this case.
            Thanks, that is what I thought as well. Is this something I as the employer has to file for him, or does he file it on his own?

            Comment


            • #7
              I'm sorry. In my last post I posted some info from the link on PFL but
              forgot to post the entire link. It should answer all your questions on PFL.

              http://www.edd.ca.gov:80/Disability/...mily_Leave.htm
              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

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