MATERNITY LEAVE FOR STAFF
We just had a housekeeper leave on maternity leave and obviously a big question was, ” how long are we obligated to continue paying her?” I reached out my dear and generous friend and expert on ALL things legal in the household; Lisa Pierson Weinberger of www.momesquire.com.
Here is an excerpt of what she advised, Basically, the California’s Employment Development Department provides for two separate forms of compensation related to pregnancy and childbirth. One is through State Disability Insurance (SDI), the other is through Paid Family Leave (PFL).Under the state’s disability insurance, you are eligible for up to four weeks before your expected delivery date. The four weeks afforded prior to birth, however, cannot be used post birth. It’s a use it or lose it situation. After delivery, you are eligible for up to six weeks unless there is a medical complication, such as a C-section.Your doctor may certify a longer period if you are unable to perform your regular or customary job duties either in pregnancy or afterward. For example, if you are a waitress and it is difficult to be on your feet or motorcycle police officer and it becomes difficult or dangerous to patrol in this fashion, or, if you are diagnosed with postpartum depression. Under Paid Family Leave (PFL), the state also provides an additional six weeks paid family leave for baby bonding. Compensation received for paid family leave depends on one’s wages and is at most $1,000 per week or 55% of one’s salary.Lastly, look to your employer’s specific benefits such as accrued vacation and sick time. Pierson Weinberger advises us that it’s important to be strategic about your company’s paid benefitsactually all of these benefits.If you’re planning to get pregnant, it might make sense to wait to take that long deserved vacation and instead look to use it as paid time off after the baby is born while you’re job is being protected. Make sure to ask if your company offers its own short-term disability insurance for health conditions. If they do, they must also cover pregnancy, in which case you would receive additional compensation while receiving state disability insurance. This additional short-term disability insurance can make up the difference between your salary and what you’ll receive through
SDI.LISA PIERSON WEINBERGER, ESQ.
10951 PICO BOULEVARD, SUITE 311
LOS ANGELES, CA 90064P.
310.927.5559F.
323.927.1801E.
LPW@MOMESQUIRE.COM
I hope this helps any of you other estate managers out there facing the same issue.