Legal Question in Employment Law in California

Maternity Leave Obligations for part-time workers

We are a small non-profit organization with 2 full-time workers and 20 part-time workers (less than 30 hours per week), what are our obligations as far as providing maternity leave to our part-time workers? Must we keep her job available for her? If so, how long must we save it?


Asked on 9/20/02, 3:20 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Maternity Leave Obligations for part-time workers

While your company is too small to be covered by state and federal family leave laws (that apply to employers of at least 50 employees), you still may not discriminate against an employee, whether full or part-time, on the basis of her pregnancy. A pregnant employee may legally take off up to four months for a pregnancy related disability. This applies to employers who have the equivalent of five employees in California. Based on the number of part-timers you have, you should easily fall within this law.

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Answered on 9/22/02, 4:00 pm


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