Legal Question in Business Law in California

At-Will employment & Maternity Leave

Hi, I work for a firm for 11 months with only 2 people so I already know my employer is not covered under the FMLA (Family Medical Leave Act). Still, can I take maternity leave? When during pregnancy should I ask for a maternity leave and how many weeks in the state of California? My contract is also as a regular employee AT-WILL so employers can terminate me or I can quit for any reason, but is it under California state law that pregnancy IS an exception and under law, can I still keep my job or can they still fire if they wanted to with a replacement? Thank you.


Asked on 7/30/07, 1:27 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: At-Will employment & Maternity Leave

You are not a covered employee, and not entitled to pregnancy or FMLA leave under the law, because the employer is too small. The law recognizes that small employers would be financially harmed if forced to provide such leaves. IF you can work out a deal with them, do so. Otherwise, if you leave without agreement to hold your job, you can be fired for job abandonment, just like anyone else.

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Answered on 7/30/07, 1:49 pm


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