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Unpaid Maternity/Family Leave - Exempt Employers

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Under both the California Family Rights Act (CFRA), and the Federal Medical Leave Act (FMLA), a California employer with fewer than 50 employees is exempt from the mandatory granting of 12 weeks of unpaid leave- correct?
Are there any other federal or Calfornia laws that require a small employer to protect an employee’s job
during maternity/family leave?
Thank-you.

Yes. California employers with 5 or more workers must give employees up to 4 months of unpaid, job-protected pregnancy disability leave. This leave is in addition to any unpaid leave under FMLA or CFRA, so an employee may be entitled to 4 months of disability, plus 12 weeks of FMLA. Employees on pregnancy disability are guaranteed the same job when they return and can request that guarantee in writing from the employer. Pregnancy disability leave is only valid during the period that the employee is certified by her doctor as unable to work. Any company that provides longer disability leave for other medical conditions, must also provide the same benefit for pregnant workers. Employees on pregnancy disability leave must give the employer as much advanced notice as possible — 30 days notice is preferable.

The California paid family leave program allows employees to take up to 6 weeks off to care for a newborn or a family member who is ill. Under this program, nearly every worker in the state is entitled to benefit payments during the leave. However, you are correct that the law does not require a small employer (with less than 50 full-time and part-time workers total) to reinstate the employee.

CFRA, which is the state law that provides benefits similar to the federal FMLA, applies to state and local government employees regardless of size. It also applies to businesses and non-profits with 50 or more workers.

All California employers must post notices about the various types of family leave available in the state. In addition, if they have employee handbooks, those handbooks must include information about employee leave required by law.

Read more about the CFRA at: http://www.dfeh.ca.gov/about/cfraDescription.aspx

Read more about paid family leave here: http://www.dol.gov/esa/whd/state/fmla/ca.htm

Read more about the pregnancy disability law here: http://www.dfeh.ca.gov/publications/publications.aspx?showPub=17