California | Medical Leave
Legal Question
laid off while on maternity leave
i was laid off while on maternity leave. i was planning on taking the paid 6 weeks of bonding time. do i still qualify to take these and get paid for it? or do i have to go straight to unemployment when my maternity disability is over?
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Legal Answer
Re: laid off while on maternity leave
Assuming you are referring to the Paid Family Leave Act, which is implemented by the Employment Development Dept., the rules are complex but I believe that once an employee becomes eligible for unemployment benefits, the claim for paid family leave is no longer valid. You should discuss your eligibility with the EDD for a more definitive position.
The more interesting question is why were you laid off while on maternity leave? Certainly employers can lay off any employee for legitimate reasons. But if you believe your lay off had anything to do with being out on maternity leave, you should consult with an employment law attorney, just to make sure it was done legitimately.
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