California Pregnancy Disability Leave (Pdl): Fill & Download for Free


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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 are the legal rights of a pregnant employee who has been working for 10 months in a 3 people startup and will give a birth at her 12nd month in the California SF based company?

If the company has only three employees, it is too small to be covered by any of the federal or state laws that protect pregnant workers.U.S. Federal law — The Family and Medical Leave Act (FMLA) covers only companies that have at least 50 employees, and you would have to have worked there for at least 12 months.U.S. Federal law — The Americans with Disabilities Act (ADA) covers only employers that have at least 15 employees.California state law — The California Family Rights Act (CFRA) covers only employers that have at least 50 employees.California state law — The Pregnancy Disability Leave (PDL) law covers only employers that have at least 5 employees.California state law — The Fair Housing and Employment Act (FEHA) covers only employers that have at least 5 employees.The only thing I can think of is that you could talk with an attorney who practices law in San Francisco to see whether there is a municipal ordinance that protects you. I know that San Francisco does have some employee-friendly municipal ordinances, but I don’t know offhand whether one exists that would cover your situation.

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