Legal Question in Employment Law in California

pregnancy leave

I was wondering if pregnancy leave is paid by an employer or do I have to use my vacation and sick time? I have been told since I don't pay into state disability I will only get paid if I use my vacation, and sick time that I have saved up which is only a few weeks. Thank you


Asked on 6/06/00, 1:16 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: pregnancy leave

They do not have to pay

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Answered on 7/25/00, 9:40 am
Frank Pray Employment Law Office of Frank Pray

Re: pregnancy leave

Ken is correct. I would add that if they pay for any other types of disability, then they cannot discriminate against you simply because your disability is pregnancy related. Also, they must return you to your identical position upon completion of your pregnancy leave unless that position is no longer available due to business necessity. In CA you are entitled to up to 4 months pregnancy disability. After birth, you are potentially entitled to an additional 3 months to care for your infant. However, there is no requirement in the law that the leave be paid leave.

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Answered on 7/25/00, 10:26 pm


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