We have an employee who only worked 900 hours last year before taking maternity disability from february to 6/24/13. We have about 10 employees and are in CA.
While it appears she doesnt qualify for FMLA, she is stating she gets Paid Family Leave for 6 weeks. When will her employment term be officially be?
2 Answers from Attorneys
What I tell inquiring employees:
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, must allow up to 4 months of UNPAID pregnancy leave under FEHA, and return you to the same or an equivalent job upon return to work, with accrued benefits.
If your CA employer has at least 50 employees, and you are employed for at least 12 months and have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of UNPAID FMLA / CFRA maternity / medical leave when you are unable to work, continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits.
If you qualify for both, you get both. If you are out longer than those guarantees, they can terminate you.
Now, if your company needs legal help in dealing with this, feel free to contact me.
I strongly advise that you contact an employment law attorney to discuss. Pregnancy discrimination cases can be VERY expensive for an employer. Make sure that you are doing all you can to prevent being sued. 949-481-6909.
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