CA employee maternity leave - Employer in Florida

Asked about 1 year ago - Simi Valley, CA

Hi,

I am due in August 2013 and have been working for my FL employer(less than 20 employees) for the past 4 months who knows that I am pregnant. From what I read in EDD site, CA provides 4 weeks pre-delivery and 6 weeks post partum maternity leave(pregnancy disability) as well as Paid Family leave for 6 weeks after disability leave.

I do have a feeling that my employer will push me to return soon after delivery and I do want to take the combined 12 weeks with the state's 55% pay.

What are my maternity leave rights when my employer is not in CA? Can I get fired for taking the maternity leave?

Attorney answers (4)

  1. Kristine S Karila

    Contributor Level 16

    4

    Lawyers agree

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    Answered . If you are primarily employeed in CA, your employer must abide by CA labor laws. It is unlawful to discriminate against or retaliate against an employee because of her pregnancy or taking pregnancy related leave.

  2. Neil Pedersen

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Your employer must comply with the California Pregnancy Leave Law if you are a resident of CA and you do your work here in CA. If you are fired for taking lawfully-entitled pregnancy leave, your employer will be liable to you for all financial and emotional distress damages caused by its unlawful conduct, and you will have the right to seek your attorney fees from the employer, and possibly assert punitive damages against it as well.

    If you face any kind of unlawful conduct, from harassment because you will need leave, to retaliation for taking the leave, you should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Michael John Rossiter

    Contributor Level 7

    1

    Lawyer agrees

    Answered . If employed in CA and the employer operates in CA, the employer has to abide by CA law. You can always get fired for taking materity leave, but if so, you would have a pretty strong case against your employer for retaliation and discrimination under both CA and federal law (as long as there are 15 or more employees). As for the calculation of maternity time, that should be listed online by the state and federal administrative agencies such as the EDD and US DOL.

  4. Panda Lynn Kroll

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If you are threatened with termination or terminated for anticipating taking the maternity leave, you will obviously want to consult with an attorney. You may wish to review your employment agreement/handbook if any. That may cover some important dispute resolution facts. While no agreement can preclude you from exercising your rights under California Fair Employment & Housing (FEHA), you may be limited in terms of where you could bring a civil lawsuit.

    This answer is not a substitute for legal advice and it does not create an attorney-client relationship.  Seek the... more

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