maternity leave

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maternity leave

so my employer says that i can only have 5 weeks off for maternity leave and i was just wondering if this is true and if not how much can i take and what should i tell them?

Asked on May 13, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are a covered employee and your employer is covered: you can take up to 12 weeks unpaid maternity leave.  See the links below:

http://www.dol.gov/esa/whd/regs/compliance/1421.htm

http://www.dol.gov/esa/whd/regs/statutes/fmla.htm

 

Under California law, pregnant women can take a pregnancy disability leave if needed during their pregnancy. Up to four months can be taken off due to pregnancy, childbirth, or related conditions. Reasons to take the leave include:

  • Severe morning sickness
  • Prenatal care
  • Physician-ordered bed rest
  • Childbirth
  • Recovery from childbirth

To take this California maternity leave, a woman must be incapable of doing at least one essential job task without risk to herself, her unborn child, or others

 

In fact, in California you can take up to more time off if you qualify.

 

Workers who participate in the State Disability Insurance (SDI) Program are entitled to a maximum of six weeks of partial pay each year while taking time off from work to:

  • Bond with a newborn baby, adopted or foster child
    (both parents)
  • Care for a seriously ill parent, child, spouse or registered domestic partner

Most workers will receive approximately 55% of their pre-taxed weekly wage, up to a maximum of $917 while on leave.

The Paid Family Leave Program is administered by the State of California Employment Development Department (EDD) a state agency, not the employer.

 

So, ultimately, if your employer is threatening you with this, contact the California Employment Development Department and Equal Employment Opportunity Commission.


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