Legal Question in Business Law in California

Maternity Leave

My father is an Optometrist, who has 4 employees, of which one is a woman who is pregnant. I know that he must keep her job open for her untill her return, however does he have to pay her when she is on her leave? Thanks in advance

Asked on 10/07/02, 3:36 am

2 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Maternity Leave

No.... not for maternity leave. If she takes ashort term disability you may have to pay a percentage of her salary...

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Answered on 10/07/02, 10:20 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Maternity Leave

The California pregnancy disability leave rules apply to employers with five or more employees. There are additional California and federal rules for employers with 50 or more employees.

I do not know whether the 'head count' at your father's firm would be five (including him) or not.

I suggest your father drop by an office of the California EDD and pick up their informational leaflets describing California employment law. Also, be aware that additional legislation in this general area (family-related leave of absence) is being considered by the legislature.

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Answered on 10/07/02, 12:51 pm

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