Legal Question in Medical Leave in California
Maternity leave- required?
Hi! I'm wondering when maternity leave is required by law. I'm in the process of negotiating a job offer, in which maternity leave is not listed as one of the benefits. I am considering getting pregnant soon, so am very concerned that I will be at least partially covered for my leave. So, I am wondering under which conditions is an employer required by law to pay a woman for maternity leave? First of all, I am debating whether to be paid by the hour or be salaried. Are only salaried workers entitled to maternity benefits or are by-the-hour workers entitled to the same benefits as long as they consistently work a certain number of hours each week? Secondly, for how long do I have to work for an employer before these benefits will be granted?
Thank you so much for your assistance.
1 Answer from Attorneys
Re: Maternity leave- required?
Maternity leave is not a discretionary benefit allowed by employers, it is a benefit which is required by law. All employers in California that have at least 5 employees must permit women up to 4 months off, if medically required, for maternity leave. It doesn't matter if you are salaried or hourly.
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