California Employment Law
California Employment Law Questions Answered by Legal Experts
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As an employer, if you have at least 50 employees, and this person has worked for you for more than 1 year, then they would be covered under the FMLA and the CFRA and would be eligible for 12 weeks of maternity leave. This leave is unpaid, but you must continue any benefits that they have. The leave must be taken with a year of the birth of a child.
However, if you offer paid leave to mothers in your company, you also must offer that same leave to fathers.
Additionally, this person may be covered under the California Paid Family leave (PFL) program
However, if the wife also works for you, then you would be able to restrict the parents to a combined 12 weeks of parental leave.
Though, they could argue that the husbands leave was for the child, and the wife's leave was because of complications with the pregnancy, so you have to be careful about this.
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I only have 6 full time and 3 part time and the employee requesting leave has a job that is going to jeopordize bussines solvency if gone for more than 2 weeks.
I need to hire qualified replacement but going to be almost impossible to find one for a temp position
You are not required to provide leave with only 9 employees. The only thing you need to watch out for is potentially opening yourself up to a discrimination claim. So, if you have not provided maternity leave to anyone else, you are fine. If you have, then you need to make sure that there is a solid "legitimate business interest" in place to fully protect yourself
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ok that fully answers my question.
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