I just had maternity leave in Jun this year. I had off work from 4 weeks prior to 6 weeks after the child was born. CA government will pay you as part of the short term disability. After that 10 weeks, you can have additional 6 weeks for bonding with the newborn. You can also receive money from the CA government with the "paid family leave" program. Your husband can also take this 6 weeks Paid Family Leave to bond with the newborn too.
Yes I am working as full time. I am not living in CA so do not get as much benefit from gov't as CA residence. I/my company didn't enroll in the short term disability insurance so I don't get the benefit from it either.
Boss only offers 12 weeks unpaid leave which is what I'm entitled to according to the labor law/federal regulations... according to the FMLA website:
"The Family and Medical Leave Act of 1993, as amended, (FMLA or Act) allows “eligible” employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months ( see §825.200(b)) because of the birth of a child and to care for the newborn child..."
I called the local labor department but they said I have to refer to the US department of labor and no further information is given... 激死!
The thing is we are a small company (<10ppl) and I am the only one ever got pregnant so they never really set up policy for maternity leave (and I was stupid didn't ask about my maternity benefit when I started working in the company)... I guess I just have to live with it...
if you are on leave, they usually won't pay you holiday, unless you have union with contact. the benefit for family act, you need to go back to office, to your HR, and ask for the benefit team, they will tell you what you can have and what you won't eligible to get.
Congratulation
Thanks Nillie Mami, I didn't buy short term disability. My friend told me I have to buy it before I am pregnant to be eligible... but I was not familiar with that before (or didn't even know there is such thing), and company never mention/offer any information.
I've been working for 5 years +... it's a small company so there's really no HR/Benefit team (HR told me to go talk to boss directly...)
Without family act and you did not buy short term disability. You need to talk to your boss directly, if you will get any exception. Remember every thing write on paper. To protect them laid you off after your maternity leave.
I think (by law) even small companies are required to buy SDI (short-term disability insurance) for all the f/t employees in the state of CA.
You should double check the check-stub for the witholdings on your pay-checks. Every month SDI should be witheld from your pay-check. So, as a minimum, you can still claim for SDI for your maternity at EDD. It's usually not as much as those from the bigger companies, but it's better than nothing.
The SDI witholding should be also shown on your W-2 from last year.
Double check with the person who does your payroll!
Given your SSN to EDD, they should be able to find out if you've paid for SDI or not.