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Paying a person who is going on maternity leave
Posted Tue, 09/07/2010 - 10:43am by Rick Bigelow (CFO)
Details
What is the general process of paying a person while they are on maternity leave? Does the company pay them at all or does the state cover the % of payment. The leave is taking place in CA. I was informed that the company will not be responsible for any payments to the employee while they are on maternity leave.
Rick
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Comments
Maternity leave and FMLA insights for a CFO
This comes down to a)what does the statute say, and b)what does your company policy say. Check this out for statutory info: http://pregnancy.lovetoknow.com/wiki/California_Maternity_Leave and http://www.dpa.ca.gov/benefits/health/workcomp/pubs/Disability/page8.shtm. You can't ignore the minimums in here.
A second and much more potentially "dangerous" set of issues are around what your company policy is on this front. You simply must have a written policy in place to deal with leaves (maternity and other) which guide your company behavior in these situations. These guidelines must be consistently applied or you could easily get into trouble. There are a couple of good resources to look at here on Proformative for leave policies. One is a leave policy doc written and donated by Lawroom (CA law specialists) here: http://www.proformative.com/provider/lawroom/resource/leave-absence-benefits-policy (these guys have donated a boatload of free policies to Proformative http://www.proformative.com/node/288316/provider-resources) and there is a company handbook donated here: http://www.proformative.com/og/resource/general-content/company-handbook. Don't play around with these policies because they could save your bacon some day (mmmm, bacon...)