Wednesday, July 18, 2007
What are the employer's legal responsibilities when an employee is pregnant?
I will first assume that you have less than 50 employees. If so, the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) will not apply to you. In California all employers with 5 or more employees but fewer than 50, are subject to Pregnancy Disability Leave ("PDL") law. This is the only leave required of you for employees disabled by pregnancy and it is unpaid (unless your policy is that you grant pay for other disability leave). PDL time available is up to 4 months and the employee is elligible after the first day on the job. The time is usually taken continuously (before and after delivery) but can vary if there are complications. You may ask employees to provide you with a physician's note. You can't ask employees to use vacation time as PDL, but they can use sick leave. A pregnant employee may also be introduced to 2 other options 1)State Disability Insurance ("SDI"), which typically allows pregnant women 4 (wages are partially covered) weeks before and 6 weeks after birth and 2) Paid Family Leave ("PFL"), all employers are covered by PFL no matter how many employees. This is a program within SDI, which can allow up to partial wages for up to 6 weeks and this must occur within one year of the child's birth. The employer does not pay additional money as these programs are funded through SDI and these deductions are made with every payroll cycle. As I always say "I am not an attorney", so always consult one or below are resources that should bring you up to date with current law and provide you with answers for your particular situation. Resources: US Equal Employment Opportunity (EEOC)web: www.eeoc.gov tel: 1-800-669-4000, 2)Department of labor www.dol.gov tel:1-866-487-9243, Family and Medical Leave Act (FMLA) web: www.dol.gov/elaws/esa/fmla, Department of Fair Employment and Housing www.dfeh.ca.gov tel: 1-800-884-1684, State Disability web: www.edd.ca.gov & tel:800-480-3287, Paid Family Leave (PFL) tel: 877-238-4373. Best of luck! iMifflin
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