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Employee Status Right After Pregnancy

Family Law Discussion Forum

Employee Status Right After Pregnancy

Postby curney13 » Tue Dec 06, 2016 3:45 am

Hi Shirley - I have some questions concerning employee status for somebody after the pregnancy. I have several questions so I will try to keep it as simple as possible.

-

My wife and I expecting our first baby which is due right after Thanksgiving! We are very excited but we also have some concerns.

My wife is working stable for a company in Burbank, CA since 2 1/2 yrs and have a stable job. She have her health insurance also well cover. -

With the baby coming due in Nov. she want to take her due time of maternity. Q 1) How much time is the maternity leave in CA?  

Q 2) During the maternity leave what is the legal amount of pay that she can get? She is payed as an employee but on a hourly basis - not salary. How that it will work if she is at home?

-

Q 3. My wife she does not see herself leaving a 2 months old baby to a day-care. So is there a way legally that she can work from home as an employee - without be a 1099? The reason of this question is 2 fold: a) she does not want to loose her health insurance and b) during that time we are going to be in the process to apply for a loan for a new home and the Bank look more positively on the fact that she has been working for the same company for almost 3 years(I am a Business Owner but Self-employeed and even if I make more money the bank does not acknowledge that)..

Q4. One of the owner is not against to have my wife to work from home(she is the Public Relations and she write articles, blogs,  and other actions that can be done from home)- however the CFO mentioned that doing in this way will increase the Worker Comps insurance... Is that correct or how does it work?

I appreciate if you can also refer me to some online website that maybe cover these subjects(maybe Dept. Labor or....) so that I can educate more myself on it.

Thanks for ur time.

Best

Daniel
curney13
 
Posts: 57
Joined: Fri Apr 01, 2011 8:26 am

Employee Status Right After Pregnancy

Postby Gunn » Tue Dec 06, 2016 8:12 pm

Hi Shirley - I have some questions concerning employee status for somebody after the pregnancy. I have several questions so I will try to keep it as simple as possible.

-

My wife and I expecting our first baby which is due right after Thanksgiving! We are very excited but we also have some concerns.

My wife is working stable for a company in Burbank, CA since 2 1/2 yrs and have a stable job. She have her health insurance also well cover. -

With the baby coming due in Nov. she want to take her due time of maternity. Q 1) How much time is the maternity leave in CA?  

Q 2) During the maternity leave what is the legal amount of pay that she can get? She is payed as an employee but on a hourly basis - not salary. How that it will work if she is at home?

-

Q 3. My wife she does not see herself leaving a 2 months old baby to a day-care. So is there a way legally that she can work from home as an employee - without be a 1099? The reason of this question is 2 fold: a) she does not want to loose her health insurance and b) during that time we are going to be in the process to apply for a loan for a new home and the Bank look more positively on the fact that she has been working for the same company for almost 3 years(I am a Business Owner but Self-employeed and even if I make more money the bank does not acknowledge that)..

Q4. One of the owner is not against to have my wife to work from home(she is the Public Relations and she write articles, blogs,  and other actions that can be done from home)- however the CFO mentioned that doing in this way will increase the Worker Comps insurance... Is that correct or how does it work?

I appreciate if you can also refer me to some online website that maybe cover these subjects(maybe Dept. Labor or....) so that I can educate more myself on it.

Thanks for ur time.

Best

Daniel
Gunn
 
Posts: 41
Joined: Sun Feb 02, 2014 1:31 am

Employee Status Right After Pregnancy

Postby Burckhardt » Sun Dec 11, 2016 11:12 pm

Hi Daniel,

To work from home is an option that would be an agreement between your wife and her employer. This is not something that is covered by any type of labor law. It would also be at the option of the company to work it out and whether or not they would allow it. The company does not have to allow an employee to work from home.

Here is the information on pregnancy leave in California: California Paid Family Leave With the addition of a Paid Family Leave(PFL) law that went into effect in 2004, California is considered a leader in working moms' rights. If you're about to be a mom in this state, you are in luck. Qualifying for PFL In order to qualify for PFL, you'll need to meet the following criteria: You must reside in California. You must have contributed to State Disability Insurance, an automatic deduction from most people's pay checks. You must be taking time off to bond with a newborn, a foster child, or an adopted child, or to care for an ill family member. You will need a doctor's note to support your claim. Ads by Google

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Explanation of Benefits If you qualify for PFL, you can receive the up to six weeks' worth of wages at a reduced level. Typically, this can be as much as two-thirds of your regular income during this period. Benefits are paid on a sliding scale, which means that lower income earners will receive a higher percentage of their income in benefits. For instance, a person who earns only $75 per week can receive a payment of $50 per week, roughly 67% of his or her income. A person who earns $3500 per week will only receive about $149 weekly, about 4% of his or her income. There are a few other important things to consider regarding the PFL benefit: There is a week-long waiting period before your benefits will begin. You can take your PFL benefit in bits and pieces. You don't need to take six consecutive weeks off of work. Your employer may have you use your vacation time or sick days before you begin receiving your PFL benefits. Both parents may take PFL at the same time, or they may stagger their leaves. How to Claim PFL Your employer does not pay PFL benefits. Instead, the State of California handles these payments and approves your application. To apply for PFL, visit the State of California Employment Development Department website or call 1-877-238-4373. California State Disability Insurance Under California law, pregnant women can take a pregnancy disability leave if needed during their pregnancy. You can take off up to four months due to pregnancy, childbirth, or related conditions. Reasons to take the leave include the following: Severe morning sickness Prenatal care Physician-ordered bed rest Childbirth Recovery from childbirth Qualifying for Disability Leave In order to qualify for disability payments related to pregnancy or childbirth, you'll need to meet these criteria: You must be a California resident. You must have earned income and contributed to State Disability Insurance. For at least eight consecutive days, you must be unable to perform the basic functions of your job due to your disability. You must be under a doctor's care during the first eight days of your disability. You must not be receiving PFL at the same time as a disability leave benefit; however, you can begin receiving PFL after you are no longer eligible for disability leave. Explanation of Benefits You are eligible for about 55% of your weekly income during this disability period. To compute your payment, the state examines your pay for the previous five to 18 months and then averages this amount. A seven-day waiting period also applies to disability insurance payments. If the woman's doctor says she can work an intermittent schedule or have a reduced workload, the employer must accommodate. This can include changing duties of the current position or moving the employee to a position with equivalent pay and benefits for which the employee is qualified. The pregnancy disability leave requires that the position be held during the four months' absence. It does not, however, require that employer to pay the employee during the four months. How to Claim To file a disability insurance claim related to pregnancy in the State of California, visit the State of California Employment Development Department website. You can also call 1-800-480-3287 to speak to someone who can help you navigate this process. California Family Rights Act The California Family Rights Act(CFRA) can be used to take additional time beyond the pregnancy disability leave. If a woman can meet the eligibility requirements for CFRA, she can take both this leave and the pregnancy disability. This means that those who qualify can take the four months of pregnancy leave along with up to twelve weeks of CFRA for bonding with the baby after birth. Qualifying Under the CFRA Under the CFRA, pregnancy is not considered a "serious health condition." Instead, pregnant women must use their PFL and disability benefits during their pregnancy and for their own care after the birth. However, CFRA does cover 12 weeks of bonding time for the parent and child. In order to qualify for CFRA, you'll need to meet these criteria: You must have worked for your employer for at least a year. Full or part-time employment are both eligible. Your company must employ at least 50 people in the area. The parent must have logged at least 1,250 hours in the last year. You must be a California resident. Both spouses and same sex domestic partners can qualify for this leave. Explanation of Benefits The CFRA does not provide any income replacement during your leave. Instead, it simply guarantees that your job will still be there when you return to work. How to Claim For more information about the CFRA and how to claim benefits, download this publication from the California Department of General Services. It's also important that you give your employer as much notice as possible, preferably in in writing, before you plan to take your leave. Federal Family and Medical Leave Act Federal laws also protect California women who take a maternity leave. The Family and Medical Leave Act(FMLA), which was passed in 1993, guarantees that women can take up to twelve weeks without pay while keeping the same health insurance. Additionally, their position will be held while mom or dad is gone, or else a job with equal pay, benefits, and status will be given. In most cases, the CFRA benefits from the State of California supersede the FMLA. However, if you are pregnant and receiving disability payments, FMLA will protect your job while you are gone. CFRA will not. To learn more about FMLA, visit the United State Department of Labor website. Other Maternity Leave Options California maternity leave options do not end at the state and federally mandated laws. The companies parents work for may have their own policies regarding family leave that are better than government-mandated options. To find out more about your company's policies regarding maternity leave, visit with your human resources personnel at least 30 days prior to taking any leave. You may want to visit with them at the beginning of your pregnancy as well, to find out how to handle any emergency situations that may arise, and to plan for your future leave. Focus on What Matters Most Maintain an open dialog with your employer and your human resources department, since good communication can go a long way toward smoothing out any difficulties. Properly researching your maternity leave options and thoroughly understanding your rights can help you focus on what matters most: your health and your baby

Shirley
Burckhardt
 
Posts: 51
Joined: Fri Jan 03, 2014 5:59 am


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