LoveToKnow Pregnancy:AllComments

From LoveToKnow Pregnancy

Comments

There you go, Jay. They're all fixed now.

-- Contributed by: HollySwanson

Too bad your links don't work...

-- Contributed by: jay

and what a sorry nation it is when this pathetic plan "bests the rest of it"...

-- Contributed by: foreigner

Thanks, Alisa. That's very helpful. It's hard to figure out all the timing until you've used the time off yourself or know someone else who has.

-- Contributed by: HollySwanson

In CA you are eligible for a total of 22 weeks of job protected leave. 12 weeks under FMLA and 12 weeks under CFRA however there is 2 week overlap so it is a total of 22 weeks "job protection". When it comes to getting paid or partial pay SDI pays 4 weeks before your due date and 6 weeks after the birth for vaginal deliveries. Paid Family Leave (PFL) is 6 weeks of partial paid leave that follows the SDI and does not run concurrent. I hope that this helps!

-- Contributed by: Alisa

Mandy, there is a link in the article above that takes you to site to check what you are eligible for. I believe you can take the 12 weeks CFRA plus another 12 weeks for pregnancy disability, but it probably won't be a paid leave.

-- Contributed by: HollySwanson

Jennifer, unless your doctor agrees that you should take a leave from work, you do not qualify for disability or any kind of leave from your employer. Otherwise, you may be able to use vacation days or work out a work-from-home arrangement if possible. If your doctor does decide that you should leave work, you should qualify for time off and benefits from your work

-- Contributed by: HollySwanson

I have worked 3 years for a big company with 1000 emplyee and I am pregnant. after my baby is born am I eligible to take FMLA(12 weeks) + CFRA (12 weeks)+ 6 weeks paid disability. I guess my question is that if I take 12 weeks under FMLA law can I still take another 12 weeks under CFEA law so the total of 24 weeks , or I just can take total of 12 weeks under one of these laws? by the way I leave in CA and I work in CA.

-- Contributed by: Mandy

I'm 35 weeks pregnant. I was in the hospital for a day and had to miss work. My husband asked me to stop working. I went in and told them that I wasn't going to work anymore. That was on the 5th of this month. Do I qualify for disability? Or do I have to wait until the baby is born? I'm just not sure what to do. I have an appointment with my doctor tomorrow, will she be able to give me the paperwork I need to take leave?

-- Contributed by: Jennifer B.

Jennifer,

unless your office has a different policy that covers you sooner, you are not eligible for maternity benefits until you have been employed for 12 months. If you are expecting now and are far along, that won't help you much, but if you just conceived, you should be covered by the time the baby comes.

-- Contributed by: HollySwanson

i work for a dental office for the past 7 mos. . i have lived in ca for 8 mos. i was wondering what benefits i am eligible for in ca.im married aswell.

-- Contributed by: jennifer

Christina, you will need to contact your Employment Development Department, which is linked in the article above. If the company goes out of business, I don't see how they can offer you another position. Hopefully, you will still be able to hold on to your benefits until you can find a new position.

-- Contributed by: HollySwanson

Hi,

I am currently on maternity leave.I live in California for a big staffing organization. I was told that the office that I work in was closing down today. The company stated that I was going to be out of a job because of this. My question is," does the company have to have a position for me?" Or can they legally terminate my employment with them, even if I havent been working while with them on my maternity leave?

-- Contributed by: Christina

Cynthea, I'm afraid talking to HR is the only way to get your leave, but if you are prepared ahead of time it may be easier for you. There are links above to the Paid Family Leave act and the California Employment Department, which can both help you figure out how much time you can take. You may be able to speak with someone in the Employment Department who can offer advice about how much time you get, then you can tell HR that's what you want.

-- Contributed by: HollySwanson

Some companies HR depts make it intimidating to talk to, such as mine. I want to take the longest amount of time off that I can including paid and unpaid leave for Califormia. What are those options. I will also go to my HR at the end of this month because I plan to stop working, Dec 23rd......

-- Contributed by: Cynthea

David, unless the company has another policy in place, part-time employees are not covered for any type of leave. Generally, if the employee isn't eligible for things like health benefits, they also aren't eligible for leave.

-- Contributed by: HollySwanson

Are part-time employees (working less than 20 hrs per week) eligible for Paid Family Leave (FMLA), California Pregnancy Disability (PDL) and California Family Rights Act (CFRA)

-- Contributed by: David Beaubien

Karen, this is a slipperly slope.

You are only qualified for the 6 weeks off if you are an active employee. If they know that you do not plan to return to work after the leave, they likely won't give it to you. So, if you tell them, they'll probably just tell you to quit your job effective immediately.

On the other hand, if you take the leave, then tell them you aren't coming back, they might try to make you pay back your maternity benefits. Check out our Resignation Letter Template After Maternity Leave to read about how FMLA can require you to pay back leave if you quit your job.

-- Contributed by: HollySwanson

December, 07, after giving bith, I took my six weeks leave. I have been work since Feb 08, now, I would like to take additional six weeks in October, and I do not wish to return to work after that. Can i tell my employer before I take this six weeks leave or shall I wait until 2 weeks before I return to work? Let me know.

-- Contributed by: Karen

Karen, you will need to take this up with your local Employment Development Department or other workforce organization in your area who is more familiar with the law in your area.

-- Contributed by: HollySwanson

We have an employee whose physician has ordered her to be off work and on bed rest until her delivery (due to high risk pregnancy). She is scheduled to deliver in May 09. She has requested leave of absence from August through May and then after delivery as well. Do we have to give her the 4 months (due to disability under CFRA)? I think yes. Our company leave policy allows six months for disability, so we would give her the additional two months to take her closer to her delivery date. Would we then give her the 12 additional weeks under CFRA to take her through delivery and postpartum, bonding, etc.? Our company policy is to terminate after being on leave for six months, but if she has not even delivered by that time, we don't want to violate any of her rights with the termination. Please advise.

-- Contributed by: Karen

As, you do not have to take the full time off, though it is often a good idea to allow your body heal completely and give you time to bond with your baby. But no, there is no rule that says you have to take the full leave

-- Contributed by: HollySwanson

V, you can only get maternity leave from your job if you are currently working. It's possible that the disability could continue, but you won't be able to get leave unless you are actively employed.

-- Contributed by: HollySwanson

Do i have to take the full 6 weeks the doctor suggests or can I go back to work after 2 weeks?

-- Contributed by: as

I was fired due to days missed at work while we did IFV. I am now on my 4th month & put on disability. Will I be able to get maternity leave once the baby is born?

-- Contributed by: V

XX, it's possible that your employer might make an exception, but I don't think they are required to offer you leave since you were not a full time employee at the company for a year. Your HR manager, or even the temp agency you worked for, would be the best people to talk to.

-- Contributed by: HollySwanson

In California, is there a workaround regarding the 1yr employment eligibility? For example, I have been with the same company for 1 yr, but out of the year, 5 months was thru a temp agency..Thanks!

-- Contributed by: xx

Joyce, the parent needs to have worked at the company for one year before taking the leave, so before the baby is born. Someone could work for three months, get pregnant, deliver, and take their leave.

-- Contributed by: HollySwanson

Clarification please - the parent has to have worked for the company for 1 year before the baby is BORN or before they get PREGNANT?

That's about a 9 month difference and is key. Thanks!

-- Contributed by: Joyce

Shawn, this is a tricky situation that your wife will need to take up with her HR department and the California Department of Fair Housing and Employment. Under the law as I understand it, her company does not need to cover her since she wasn't in the state for 12 consecutive months, but she should still be covered by the company's Maternity Benefits since she has worked there for several years.

-- Contributed by: HollySwanson

my wife has been working for the same hotel company for more then 6 years. a year ago she moved to oregon and worked for the same hotel. after a year out in oregon she we found out she was pregnant and moved back to california where she resumed working for the hotel. She worked there for about 4 months then took her leave. Now come to find out she is not elligable for state disability because she lived in Oregon for a year, Is that Right?

-- Contributed by: SAHWN

Yasmine, leave before the baby is born is usuaully only done for health reasons, like if the woman is put on bed rest. Many women take a few days off before they are due, but that comes out of the vacation time.

Just because your company doesn't have to follow the FMLA guidelines, they still may have something set up to provide leave options to expecting moms. Talk to you HR manager about this.

-- Contributed by: HollySwanson

My employer is in California and has less than 50 employees so federal law does not apply to my case. I would like to know if I am entitled to a maternity leave prior to the birth of my child, if yes how early before the birth can I take it and for how long? Thank for you for your help!

-- Contributed by: yasmine

CJ, sounds like a shady company trying to get out of paying the benefits they are required to. If she has worked there more than 90 days and works for a company that has more than 50 employees, she should contact Paid Family Leave or the Employment Development Department, both of which have links above.

-- Contributed by: HollySwanson

edit: sorry do...entation = do...entation don't know why that did that

-- Contributed by: cj

I have a girl friend who is pregnant, and was told that she has to quit her job then when she can work again come back to work, but with that she gets no benefits. This dose not sound right to me. only thing i could think of that would have to make her quit instead of taking maternity leave. Is if she is under the 90 days. But by the time she needs to take off she will be over that. Is there any do...entation. we can get to show her employers so we can be sure to get her benefits.

-- Contributed by: Cj

Athena, since you are self-employed, you do not qualify for any assistance that I am aware of. You could contact your local women's center or human services for advice about any programs in your area.

-- Contributed by: HollySwanson

Trying to find info on receiving gov. assistance on self employed mothers to be is impossible! can anyone help? I have no idea where to start and my baby is due in 7 weeks. I am a self employed hair stylist. If i dont work I dont get paid, which is making me very nervous. The owner of the salon is going to charge me rent for the time I am not there and i still have to make car payment and whatever else i have to pay for.

-- Contributed by: athena

Holly, although companies aren't allowed to discriminate against hiring a pregnant woman, you're right to be concerned. Check out our article about interviewing while pregnant for tips if you decide to go that route. You could also contact your local employment office or women's center to find out if you qualify for any assistance programs.

-- Contributed by: HollySwanson

I am 30 weeks pregnant. I was forced to leave my job due to my husbands job relocating him. At this point in my pregnancy, it is very difficult to find someone that will hire me knowing I will need time off in a few months. Do I qualify for any disability or other state funded programs now or after the pregnancy?

-- Contributed by: Holly Wachter

Brittney, most of the time, you do need to exhaust your own paid time off before you can start the maternity leave but since it's paid time, you'll still get your usually salary for those weeks. As far as a doctor's note to get out early, you'll need to check with your HR office to see if that will work. Every employer has different ways of offering time off, so I can't really say what yours will do.

-- Contributed by: HollySwanson

Hi. Ok, I know I will get paid for 11 of the 12 weeks that I'm off, due to the state (FMLA) doesnt pay for the first week. I will have just about two weeks EXTRA of PTO when my baby is due. I heard from a co-worker that because I will have two extra weeks of PTO, that I wont get paid until I use up those two weeks, is this true? and if so what does that mean? Will I only get paid 9 weeks out of the 12 instead of the 11 weeks promised? Or could I, if requested I have a Dr.'s note,(I am a CNA)take two weeks off before my due date, then start the 12 weeks maternity leave? I also read that the state, with Dr's note, will give you up to 4 weeks with only 3 weeks paid(on top of the 12 weeks after the baby is born)? if I still have those two weeks extra of PTO will I have to use those weeks instead of getting paid? THANK YOU!!!

-- Contributed by: Brittney

Michelle, this is a gray area of the maternity leave laws because of the size of your company. Based on our article, it looks like you can have 6 weeks of leave with 55 percent of your wages. But please click on the link aboveto visit CFRA website to learn about additionally leave you might be entitled to.

-- Contributed by: HollySwanson

I am in a very small company (there are only 3 of us). I am currently 23 weeks pregnant. My question is this, if my doctor were to put me on bed rest (like I did in my first pregnancy) how much time would I get off that would be paid? Would it be at the 55% of my base pay?

-- Contributed by: Michelle

Bo, since you didn't become a full employee until September, I'm not sure what type of benefits you are entitled to. Under the law, your company is not required to give you any paid time off for maternity until you have been there for a year, but your company may offer different benefits. We have links above to some California legal resources that may be able to help.

-- Contributed by: HollySwanson

If you started working at a company on July as temporary and transfer as a regular employee in Sept and in March 18 you are put on Pregnancy Disability...what are my rights? What long can the Employer hold my job? When can Employer terminate me? and When do I stop paying just the Employee Deduction for Benefits and start COBRA?

-- Contributed by: Bo Cotriss

Kim,

although you can't be forced to go back to work, you may be required to repay some of your maternity benefits if you don't return to work for at least a little while. Review your employee handbook or talk to HR about your options, but you might want to consider going back for a little while to give it a try. You can always quit later.

-- Contributed by: HollySwanson

Hi there,

I'm currently on maternity leave. I've been on medical leave since August of 2007 due to a high risk pregnancy. I delivered in February and am still on maternity leave. I had originally planned on going back to work after my 12 weeks of leave (recovery and bonding time) was up, but am now having second thoughts about returning to the work force. Am I required by law to go back to work?

Thanks,

Kim

-- Contributed by: Kim

Aarti, maternity leave only kicks in once you've been with a company for 12 full months, which you will fall short of. Your HR department might be able to work out some type of leave for you, so talk to them about any options they might have available.

-- Contributed by: HollySwanson

Misty, if you are not considered a full-time employee for a company, you are not entitled to any Maternity Benefits. You should check with the Employment Development Department, linked above, to check for sure.

-- Contributed by: HollySwanson

I have been with my present company since nov'07, I am due in Sep'08. Am i eligible for 12 week of maternity leave?

Thanks, Aarti

-- Contributed by: Aarti

I worked up until July 2007 for the same company for 3 years. I have since been doing independent contractor work as self employed. Although I have paid into the system for all these years based on the reading I have done I am not allowed any sort of paid benefit from the state. Can anyone confirm that I cannot file for disability.

-- Contributed by: Misty

Eddie, although you should contact the California Department of Labor for advice, I don't think there is anything that can be done. If your wife is not considered a full-time employee, her employer isn't under any obligation to give her paid time off.

-- Contributed by: HollySwanson

My wife became a California state resident due to my military status. She is fully covered for all medical needs. My question is: My wife works as an AirForce contractor at the child day care center on the base. she has full time hours but does not have the full time perks like paid leave because she is considered a "flex" and not a regular. I also understand that she has only been working there since January of this year. She will loose 12 weeks of pay becuase she is going on maternity leave and she will have a C-Section procedure. Is there anything she can do to draw some kind of compensation from the state?

-- Contributed by: eddie

Laly,

Unfortunately, it is your responsibility to make arrangements for your maternity leave and to get do...entation of whatever your employer has agreed to do in regards to saving your position. You need to arrange for a meeting with your boss as soon as possible to find out where you stand, then make an appointment to speak with an attorney if you believe the company is trying to willfully violate your rights.

Dana Hinders

LoveToKnow Group Editor

-- Contributed by: Danahinders

Shannon,

Unfortunately, freelancers are considered self employed professionals. Thus, they are not protected under standard maternity leave laws.

Dana Hinders

LoveToKnow Group Editor

-- Contributed by: Danahinders

Hi there, thank you for publishing the information above - however, is there any kind of state funding provided for those of us who contract or freelance? Thank you.

-- Contributed by: Shannan

Hello I have a issue. I been working at this company for more than a year, is a 5 mam group. When I was hired I was never told about company handbook, when I became pregnant and being close to my due date, I was never told about the medical leave policies at work. My boss provides Medical, dental insurance. When I left on Maternity leave to have my baby, I told them I would be back in 3 to four months, The boss never sat down with me to talk about what was going to happen with my position and health benefits. So I am still currently on Disability. My boss mail me a note saying that I need to pay my full premiums for Medical, Dental, and that my medical leave has expired, he only offers 30 days of medical leave. He has terminated my insurance. I am not sure, but I think he also terminated me from the company. He said that the law 15 is protecting him. He doesnt need to pay my health benefits. PLease help me, I am not sure if I have a job to come back and I thought the Employer was suppose to held a job for you when you come back from maternity leave as well as providing the same benefits as other employees in the company.

I dont know what to do.

I live in CA, had a c-setion. Im still on disability for another 2 months.

-- Contributed by: Laly

Ariel,

If your employer wants to hold your job for you, that is certainly an option. However, our research indicates you have not been at your job long enough to qualify for legal protection under the FMLA.

Dana Hinders

LoveToKnow Group Editor

-- Contributed by: Danahinders

I have worked at my company less than a year, and on my due date I will be shy of a full year by 1 month. Is there any way I would be able to take unpaid leave, and come back to my job legally? I have been assured of this, but I wanted to know if I had any rights on top of that.

-- Contributed by: Ariel

Martha, you'll want to talk to your human resources office or the local employment office to be sure, but you should be able to take 6 weeks of leave. However, your company may not be required to hold your position if you take paid leave.

-- Contributed by: HollySwanson

I work for a company less then 50 emplyees. How much time off can I take?

-- Contributed by: martha

Lorraine,

your leave shouldn't be affected by someone else also being on leave. It would be discrimination for an employer to give the other employee full leave but not allow you to take it as well.

Unless there has been a change to company policy since your last pregnancy, you should still get your 12 weeks leave.

-- Contributed by: HollySwanson

I work for a company with less then 50 employees. My last pregnancy i was given 12 weeks maternity LOA, paid. There is currently another employee out with the same benefit, can they make me take a shorter amount of time then what was given last time?

-- Contributed by: Lorraine

Anna, there are several links in the article above that will take you to eligibility form to find out what you qualify for. The laws vary for small companies like yours but your manager or HR director can provide you with more details.

-- Contributed by: HollySwanson

Erica,

I don't see any reason why your employer would do that, but I don't know the exact cir...stances. Is there some reason why you can't physically work that week? Once your leave is over, you should be able to return to work. Can you talk to your HR department or an employment lawyer about your options?

-- Contributed by: HollySwanson

Hi, I am a California resident and I work for a company with only 10 employees.I will have worked there for 14 months. I have health insurance throough my work as well. I am very confused to what my options are for my maternity leave. How much time can I take off? How long is my job required to carry my health insurance? How much time will I get paid for?

-- Contributed by: Anna

Is it lawful for your employer to put you on a forced 1 week vacation upon returning to work from maternity leave?

-- Contributed by: EricaC

Hi Jasmine,

yes, in many cases your employer can require you to use your own personal time off before your leave time begins.

-- Contributed by: HollySwanson

Is it lawful for your employer to require you to exhaust all of your vacation, paid time off, and sick time before disability can be claimed?

-- Contributed by: Jasmine

Natalie, taking time off during pregnancy usually only occurs if a mom has health problems that make it too difficult for her to work or if there is a problem with the baby that requires bed rest. Also, Taking an early maternity leave may cut into the amount of time you get to take after you give birth.

-- Contributed by: HollySwanson

I have been on maternity leave twice already but there is never anything stating that you can get paid for 4 weeks before you have the baby. I did this with my last child but I need to know if it was just my company. I would like to take 4 weeks off before this baby is due.

-- Contributed by: Natalie

Hi Maria, though I am certainly no expert in California maternity leave, the research I've done indicates that maternity leave and benefits are only offered to moms who have been with their employer for at least one year.

I'm not sure that the size of the company matters much since the amount of time you've been with them is the first hurdle. Your human resource office should be able to help you more or maybe a local employment rights office will have more information.

-- Contributed by: HollySwanson

What does the law say about maternity leave in CA when women have worked less than 1 year at the company. I started working for a small comapnay, with less than 50 employees, in April of this year, and got pregnant in July.

-- Contributed by: Maria
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