Legal Question in Employment Law in California

Re: What are the legal requirements under FMLA

If she is not qualified for FMLA/CFRA, the employer is not required to continue benefits. You can advise her of the cost of medical insurance and she can elect to pay that cost directly or go without insuance. If the company is covered by COBRA, you will need to provide the required COBRA notices, but you will be better served by providing earlier notice and working with the employee to work out continuation of coverage.

Many companies, although not required, will continue medical insurance during maternity leaves, but you should be aware, that doing so once, may create an obligation to do the same for other employees, and perhaps for other disabilities.

You may want to consider establishing a policy to govern this situaton in the future. If you require assistance in policy preparation, feel free to contact me directly.

Re: What are the legal requirements under FMLA

Even though she may not qualify for FMLA/CFRA, women on maternity leave are eligible to take a reasonable unpaid leave to have their baby and take up to four months off for pregnancy related disabilities. Furthermore, employers are required to reasonably accommodate pregnant employees if requested. The employer may request a medical certificate that the accommodation request is medically adviseable. A pregnancy leave should be treated the same as any other form of leave the company allows. To provide less benefits for maternity leave could be viewed as discriminatory.

Practically speaking, there should be an ongoing interactive process with the employee. It is reasonable to ask what her plans are, how long she intends to be out for, if she requires any accommodation for medical reasons and make sure the company policies are complied with. All benefits should remain in effect while she is out.