Legal Question in Medical Leave in California

maternity leave and benefits

california: my employer (8 employees) has approved for me to take 4 months off after deliverary. i will take the state disibility pay and then use any vacation/sick days i have accured.my hourly pay is based upon my benifit package vacation/holiday pay. i will have worked most of the year when i began leave in septem. am i entitled to the holiday pay i would receive?3 holidays fall within the time i will take additional vacation. am i entitled to holiday pay and not have to use vacation pay or non paid day? this will be after my state disability runs out but before i return from leave.


Asked on 5/04/07, 3:02 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: maternity leave and benefits

Employers are not required to pay holiday pay. This is a benefit they may chose to offer, and if they do, they can set the rules that determine eligibility. You'll have to discuss this directly with your employer to see if you qualify.

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Answered on 5/04/07, 1:40 pm


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