Legal Question in Medical Leave in California

wages

My employer does not pay into SDI therefore i had to take my 8 weeks C-section) of maternity leave without pay. I was on unpiad summer break anyway. My Dr would like me to take a few more weeks off due to complications from my surgery and he understood that EDD pays you for FMLA. Is this correct? If so who do I contact and would I be able to get retro pay for the time I already had off unpaid?


Asked on 8/06/07, 10:08 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: wages

Employers are supposed to pay into SDI, and I don't understand how "he" legally doesn't. A complaint to the state will sort that out pretty quickly.

FYI: EDD doesn't pay FMLA leave, no one does; it is unpaid leave unless you use your accrued vacation and sick leaves for part or all of it.

You were an employee qualified for unpaid 12 week CFRA/FMLA [maternity] leave IF you "have more than 52 weeks of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins, and work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site."

You also would have been entitled to an earlier unpaid 16 week pregnancy leave, IF employed by a business with 5 or more employees.

Sounds like the only issue I can help you with is the SDI non-payment. Feel free to contact me.

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Answered on 8/07/07, 7:48 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: wages

You may be eligible for state paid benefits for up to 6 weeks of partial pay, from the Employment Development Department. You should check with them to see if you meet the criteria.

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Answered on 8/09/07, 11:59 am


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