Legal Question in Business Law in California
if a company that has under 15 employees in California and the management has agreed to honor the states disability act guarding maternity leave, goes back on their word. is there any action we can take?
3 Answers from Attorneys
Please repost and state whether management agreed in writing or adopted a policy for maternity leave along the lines you state.
California's pregnancy disability leave requirements apply to all employers with five or more employees, so your employer may still be subject to it. Can you contact me to let me know the specific violation that you believe has occurred?
Thanks,
Seth W. Wiener, Esq.
925.487.5607
Their 'word' has little to do with it, and no, their 'word' is not enforceable on its own, but the law is. Here is the law:
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, must allow up to 4 months of unpaid pregnancy leave under FEHA, and return you to the same or an equivalent job upon return to work, with accrued benefits. If you are qualified to collect disability while on leave, do so.
If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA maternity / medical leave when you are unable to work Sounds like the employer is too small for you to be covered.
When you are released to return to work, IF within the leave time limits, an employer is not allowed to "discriminate" or retaliate against you.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for many years.
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