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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
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Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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what are a mans rights for maturnity leave how long can a

Resolved Question:

what are a mans rights for maturnity leave
how long can a man take off and what are the employess rights if the leave is going to severely jeopordize bussiness and the job can not be performed by a temp
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

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.

Employment-LawExpert :

However, if you offer paid leave to mothers in your company, you also must offer that same leave to fathers.

Employment-LawExpert :

Additionally, this person may be covered under the California Paid Family leave (PFL) program

Employment-LawExpert :

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.

Employment-LawExpert :

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.

Customer:

yes

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Does everything I have said so far make sense?

Customer:

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.

Customer:

I need to hire qualified replacement but going to be almost impossible to find one for a temp position

Employment-LawExpert :

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

Customer:

ok thanks

Employment-LawExpert :

Does that fully answer your question?

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer:

ok that fully answers my question.

Customer:

thank you

Brandon, Esq., Lawyer
Satisfied Customers: 1851
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
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336 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.