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Maternity leave legal question



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amother
OP


 

Post Wed, Jan 19 2022, 9:59 pm
So my workplace calls itself a religious employer (Even though we are not technically a shul, yeshiva etc. We were founded by one but any client doesnt have to be religious or Jewish to get any services, programs etc. Non denominational in that regard).
Therefore we dont pay into disability.

What am I legally allowed to take off in terms of maternity leave? Paid or unpaid? My work will try to make it as hard as possible for me to take anything off.
I work full time.
I live in CA. Employer has more than 25 employees in case that matters.
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StaceKap




 
 
    
 

Post Thu, Jan 20 2022, 7:26 am
California has 8 weeks of paid family leave so you should be entitled to at least that-

https://www.edd.ca.gov/disabil.....s.htm

If your company has more than 50 employees than you also should be eligible for FMLA which is up to 12 weeks.
Does your company have an HR department?
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nicole81




 
 
    
 

Post Thu, Jan 20 2022, 7:41 am
StaceKap wrote:
California has 8 weeks of paid family leave so you should be entitled to at least that-

https://www.edd.ca.gov/disabil.....s.htm

If your company has more than 50 employees than you also should be eligible for FMLA which is up to 12 weeks.
Does your company have an HR department?


I'm just a layperson and I'm not from CA so do your own research, but a quick click into the PFL link shows that it's covered through disability insurance, which OPs employer is exempt from. Seems like she'd only qualify if her employer elects for employees to pay into SDI.
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amother
OP


 

Post Thu, Jan 20 2022, 8:17 pm
Right. We dont pay into disability. It isnt a choice and was not disclosed to me. Until I got a handbook months into working here. I know, a lot of things wrong with where I work.

So yeah, what are the government rules in CA?
FMLA doesnt include me. Does anyone know if I can take it but unpaid?
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amother
Calendula


 

Post Thu, Jan 20 2022, 9:22 pm
https://edd.ca.gov/claims.htm
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esuss




 
 
    
 

Post Thu, Jan 20 2022, 9:32 pm
May not apply for this pregnancy. But maybe you can buy your own disability insurance plan.
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amother
Stonewash


 

Post Thu, Jan 20 2022, 9:41 pm
amother [ OP ] wrote:
Right. We dont pay into disability. It isnt a choice and was not disclosed to me. Until I got a handbook months into working here. I know, a lot of things wrong with where I work.

So yeah, what are the government rules in CA?
FMLA doesnt include me. Does anyone know if I can take it but unpaid?


Same thing happened to me when I was a federal employee. Didn't realize that they don't offer maternity leave or short term disability. They now do because trump signed an executive order but at the time there was nothing. So don't be so upset at your employer when HR for the gov (termed OPM) never told me this either!
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challahchallah




 
 
    
 

Post Thu, Jan 20 2022, 9:43 pm
amother [ OP ] wrote:
Right. We dont pay into disability. It isnt a choice and was not disclosed to me. Until I got a handbook months into working here. I know, a lot of things wrong with where I work.

So yeah, what are the government rules in CA?
FMLA doesnt include me. Does anyone know if I can take it but unpaid?


It looks like the right to take leave is distinct from whether or not you’ll be paid for that leave. This website seems to have some good info:
https://www.worklawyers.com/ma.....rnia/
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amother
Dandelion


 

Post Thu, Jan 20 2022, 10:03 pm
It’s a big problem in CA that the non profits don’t pay into SDI. I have a bunch of teacher friends who only get three weeks off (some take an extra three and are protected by FMLA). I think it’s very state specific and you need to find someone here in LA who knows the laws.
Have you checked your contract to see if it discusses anything about maternity leave?
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amother
Oldlace


 

Post Fri, Jan 21 2022, 11:32 am
I’m a teacher in LA. The only thing I get is paid leave from the government for a few weeks. And they don’t pay anywhere near the amount I actually make. Legally you can take off without pay for maybe 12 weeks altogether before and after birth without your workplace being able to do anything about it.
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