Legal Question in Medical Leave in California

Pregnancy Leave - Work in CA Corporate office in IL

I am eligible for FMLA. My company is based in IL and I work in CA. I understand that if medically necessary 4 weeks can be taken off under SDI prior to pregnancy and 6 weeks after (vaginal delivery) or 8 wks after (C-Section). My company states that I must use FMLA time for any or all of this time. They say that is IL law. My questions: First, am I based under CA State Law or IL? Second, do I need to use FMLA concurrent with SDI or would FMLA start once by SDI ended (6 or 8 weeks depending on delivery). 3rd they say that I must pay for medical benefits during FMLA leave? Please Help!


Asked on 10/25/01, 2:43 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Pregnancy Leave - Work in CA Corporate office in IL

Your company is wrong. People who work in California are protected by California law, which is more employee friendly than most other States. Furthermore, under both California and federal law, women may take up to four months off due to pregnancy related medical issues. You do not have to designate any specific time before or after childbirth. Finally, under the FMLA, you are not required to pay any more for your benefits than you would if you were working. If the employer pays for the whole thing, it must continue to pay. However, if you choose not to return to work, it may then require that you then reimburse the company for the cost of insurance.

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Answered on 11/26/01, 10:10 pm


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