What is Paternity and Maternity Leave in California? How to benefit from it? Pregnant women have benefits and financial aid, whether they are employed or not. After the adoption of The Family and Medical Leave Act (FMLA), most workers were entitled to up to 12 weeks of job-protected medical leave for birth or adoption. Unfortunately, the FMLA doesn’t state any coverage for those who work for smaller companies.
Your benefits depend on which state you live in. In California, it allowed to enact paid family leave. Your employer may have policies that state the order in which you can benefit from different kinds of leave. The best way to protected under FMLA it is to start looking into your options. You must do it as early as you can during your pregnancy. Thus, you make sure you have all your paperwork sorted out before the baby arrives.
So, when you’re pregnant, you’re entitled to up to a year of maternity leave. Moreover, your employer should provide flexible working arrangements if you decide to return to work at the end of your leave. Your employer must allow you to go back to work. If you are a father-to-be or a pregnant woman’s partner – including same-sex partner – you could have the right to paternity leave.
How does short-term disability work in order to benefit from Paternity and Maternity Leave?
Short-term disability (STD) is meant to cover your salary — or a portion of it — during the time that you’re unable to do your job due to illness, injury, or childbirth. Private STD insurance through your employer or a provider will generally pay between 50 and 100 percent of your salary for a certain number of weeks. Generally, it depends on how many years you have worked for your employer. California STD benefits typically cover half to two-thirds of your salary. The coverage for pregnancy may last up to 12 weeks. You should know that money you receive from a state disability program is not subject to income taxes.
Workers are eligible for pregnancy or maternity leave if they meet both of the following conditions:
– You work for the federal government, a state or local government, or any company that has 50 or more employees working within 75 miles of your workplace.
– You’ve worked for your employer for at least 12 months and for at least 1,250 hours during the previous year (which comes out to 25 hours per week for 50 weeks).
Are There Any Exceptions?
However, there are some exceptions, i.e., if your absence may cause a big economic harm to the organization, your employer may not keep your job open for you if you’re in the highest-paid 10 percent of wage earners at your company. Another exception is if you and your partner work for the same company. The FMLA entitles you to a combined 12 weeks of parental leave.
Need to know more about FMLA? Whether you feel unfairly treated? Or believe your employer has violated your rights under FMLA? Take the action into your hands. Don’t wait another day to speak with an experienced attorney regarding your important employment matter. Contact The Margarian Law Firm today at (818) 553-1000 to schedule your free consultation.