Legal Question in Medical Leave in California
Maternity Leave per place of Employment or place or Residence
My question is as followed:
The large corporation/employer is in one state and you have sales representatives living in California
(less than 10) are you subject to the California FMLA/Maternity/Bonding Leave Act due to residing in California, or are you subject to the FMLA Act in the state in which the large corporation/employer is located, where you were hired?
1 Answer from Attorneys
Re: Maternity Leave per place of Employment or place or Residence
Unfortunately you are not protected by either the State of federal versions of medical/family leave laws because there are not enough employees within a 75 mile radius of where you work to qualify. However, there are State and federal laws which forbid discrimination based on pregnancy or pregnancy related illnesses, unrelated to family leave laws. You should contact the nearest Department of Fair Employment and Housing and schedule an appointment to discuss a potential claim under the Fair Employment and Housing Act.
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