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PDF Editor FAQ

Is it true that an employer can make you pay back insurance paid during your maternity leave if you don't come back to work for a period of one month after maternity leave (before quitting)?

An employer who currently pays for health insurance under a group health plan (medical, dental, vision) must continue to maintain a pregnant employee’s coverage under the plan as if she was actively working. The employer must maintain benefits for the period of the PDL.From HR California...The Employer can recover premiums that were already paid if both of the following conditions are met:The employee fails to return from leave after the designated leave period expires; andThe employee’s failure to return from leave is for a reason other than one of the following:The employee is taking leave under the California Family Rights Act (CFRA), unless the employee chooses not to return to work following the CFRA leave.The continuation, recurrence or onset of a health condition entitles the employee to pregnancy disability leave, unless the employee chooses not to return to work following the leave.Non-pregnancy related medical conditions require further leave, unless the employee chooses not to return to work following the leave.Any circumstances beyond the control of the employee, including, but not limited to, circumstances where the employer is responsible for the employee’s failure to return (the employee is not returned to her same position or to a comparable position), or when the employee must care for herself or a family member (such as the employee gives birth to a child with a serious health condition).

What rights does an employee have against unfair dismissal in California?

In your example, Bob has no rights in my (non-legal) opinion. California is an at-will employment state, which essentially means that employees may be discharged without employers having to justify their actions.Unfair dismissal or wrongful termination in the state of California involves at least one of the following:Physical disability (FEHA or ADA)Mental disabilityUse of Family Medical Leave (FMLA or CFRA)PregnancyRaceReligion or religious practicesGenderAgeSexual orientation (i.e. homosexual, bi-sexual, etc.)Gender identity (i.e. transgender, etc.)Pregnancy or maternity leaveNational originPolitical affiliationConstructive termination - hostile work environmentRetaliation for workplace health and safety complaintsRetaliation for complaining about unpaid wages or overtimeRetaliation for reporting Labor Code violations, such as failure to provide meal or rest breaksRetaliation against health care workers for reporting patient safety concerns

How do you prove a wrongful termination at a job when you're an at will employee?

You learn about the law that was violated by ending your employment. Lots of law firms have lists of unlawful reasons for termination of employment. Here’s a description and sample from one of them.Employment "at will" simply means that an employee does not have a contract for a certain length of time. The employee can be terminated at the will of the company. But, while we hear the "at-will" buzzword from employers' counsel all the time, terminating an employee for an unlawful reason is still a wrongful termination. This happens every time an employer decides to terminate an employee because of a protected characteristic, such as having a disability. It is a fact that unlawful terminations occur every day, and are regularly committed by some of the largest companies in the world.Wrongful termination occurs when discharge is motivated by an unlawful reason.It is impermissible and unlawful to terminate an employee because of any of the following:Physical disability (FEHA or ADA)Mental disabilityUse of Family Medical Leave (FMLA or CFRA)PregnancyRaceReligion or religious practicesGenderAgeSexual orientation (i.e. homosexual, bi-sexual, etc.)Gender identity (i.e. transgender, etc.)Pregnancy or maternity leaveNational originPolitical affiliationConstructive termination - hostile work environmentRetaliation for workplace health and safety complaintsRetaliation for complaining about unpaid wages or overtimeRetaliation for reporting Labor Code violations, such as failure to provide meal or rest breaksRetaliation against health care workers for reporting patient safety concerns

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