Legal Question in Employment Law in California

CA Paid Family Leave - Employer responsibility

I have an employee in California who has applied for Paid Family Leave under CA State Disability Insurance to care for his wife and newborn child. As his employer I realize I am required to keep his position open for his return and continue to provide his benefits during the period. But he also has an automatic deduction for insurance for his other child that was part of a court order. My question is, am I required to continue to pay that premium in accordance with the court order while he is on family leave? If I pay it for the next 12 weeks and he doesn't return to work, what protection is there for the employer to be reimbursed for the court-ordered premium?


Asked on 3/19/09, 6:25 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: CA Paid Family Leave - Employer responsibility

If he's not receiving pay, there is nothing to deduct from. It's no different than if he quit or was fired. When he returns, then so does the deduction.

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Answered on 3/20/09, 3:20 pm


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