Legal Question in Medical Leave in California
Misleading employer on giving benefits
In preparation for having my baby in April 2004, I asked my employer about the benefits for new moms. I was told they offer 12 weeks of unpaid time off. I asked about California Paid Family Leave and I was told that I had to make contributions and that was not in effect yet. My supervisor in California was surprised that I would not get any monetary help but he assured me that the employer (based in WY) is consulting a California lawyer so they know the law. So I stopped asking.
I had to start working 2 weeks after having my baby (could not afford to stay without pay), but if I knew I had the California Paid Leave, I would have stayed home for 6 weeks on 55% of my check.
Later in August of 2005 an expecting mother (coworker) got a totally different answer; she got not only the California paid leave but additional pay, which got her to 90% of her salary, paid leave. The vice-president of the company called me to say that I did not get the same response because the CPL benefits were starting on January 2005 and not July 2004.
Do I have a case? I was deprived of time for bonding with my baby. Discrimination? Where could I report them, they have a pattern of misleading when it comes to giving benefits?
Please advise.
THANK YOU
1 Answer from Attorneys
Re: Misleading employer on giving benefits
You're long since out of time to bring any legal action, other than 'reporting' the behavior to EEOC and CA DFEH; but they will take no action since the statute of limitations period has run out. You could file a formal written complaint with the company president, HR, etc, reminding them you were illegally deprived of benefits, and demanding retroactive pay. Keep in mind they have already told you 'no', so you risk being viewed as a trouble maker.
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