Legal Question in Medical Leave in California
Maternity leave start dates
I am due to have a baby on 6/1/01. Do I have to start maternity leave on or before the birth of the child OR can I start maternity leave sometime after the birth (say 4 weeks)? I ask because I will not be eligible to receive a quarterly bonus should I leave work prior to 6/30/01.
Thanks in advance for any advise.
1 Answer from Attorneys
Re: Maternity leave start dates
You are not required to take maternity leave before your due date, so you can request an appropriate amount of time off after your baby is born, as much as 4 months, if medically necessary. How this may affect your bonus depends on how the bonus policy applies. Bonuses, by definition are discretionary on the part of the employer, the company can set the conditions upon which employees may be entitled to the bonus. Once set, however, it may not be applied in a discriminatory manner. If you otherwise qualify for the bonus, you should not be penalized because you had to take maternity leave. Talk with the person who is in charge of the company benefit plans and try to work out a schedule that is mutually beneficial.