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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Same employee. She keeps getting hot, has to sit alot. She

Resolved Question:

Same employee. She keeps getting hot, has to sit alot. She went to her Dr. and he gave her 6 weeks off with disability. (She just now is about 4 months pregnant, due in jan 2012.
I buy health insurance for my employees. Do I need to continue paying for it while she is on non work related disability? (she may extend it, who knows, and then she gets into the pregnancy leave later on, meaning she may not return to work until next april, if ever. Am I responsible to keep paying for her?...In Calif. where she will get welfare health care anyway)
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello again,

How many employees do you have?
Customer: replied 5 years ago.
6 counting her...
Expert:  Tina replied 5 years ago.
I see.

You would normally not be required to provide such leave under the FMLA or CFRA since you do not have 50 or more employees.

If you have a written policy permitting such leave, then you must normally provide it since state law prohibits discrimination on the basis of pregnancy even with as few as 5 employees, but otherwise you are not required to provide leave for the employee or continuing health insurance typically.

She must be offered COBRA if you terminate her normally and would be eligible for state disability benefits once she is unable to work typically.

Good luck and take care.



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