I work for a small business, 5 employees total, and my boss wants me to pay for my insurance. Typically my boss covers a portion and I pay a portion, but my boss is only willing to continue this for 8 weeks. For the other 8 weeks my boss is stating I need to pay 100% of the insurance amount. My doctor put me on leave 30 days before my due date and I plan taking my paid family immediately after my 8 week disability leave totaling my leave at 16 weeks.
Hi Raquel,
Thank you for your question. It sounds like your employer is probably violating the law here. I will assume your job is located in California and your employer is a private business.
If your employer regularly employs five or more people, they are required to provide you up to four months of pregnancy disability leave per pregnancy. (Gov. Code, § 12945, subd. (a)(1); Cal. Code Regs., tit. 2, § 11042, subd. (a)(1).) Based on your question, it sounds like that is the case here.
If so, your employer is legally-required to maintain your medical benefits at the same contribution rates during pregnancy disability leave that they were at before. (Gov. Code, §§ 12945, subd. (a)(2), 12945.2, subd. (f)(2).) If they do not, they are violating the law.
Importantly, however, this right will not necessarily continue for the entirety of your 16-week leave. It sounds like your employer is too small for you to be covered by California’s baby bonding leave law. (Gov. Code, §§ 12945.2, subd. (c)(2) [applying to employers with 50 or more employees], 12945.6, subd. (a) [applying to employers with 20 or more employees].) As such, you are only entitled to pregnancy disability leave.
To be eligible for pregnancy disability leave, you must be “disabled” by your pregnancy, the childbirth, or a related medical condition. A woman is disabled by her pregnancy if, in the opinion of her doctor, she is unable to perform any one or more of the essential functions of her job because of her pregnancy. (Cal. Code of Regs., tit. 2, § 11035, subd. (f).)
For most women, this occurs around week 36. But, if you experience complications, it may occur earlier. It may also occur later, depending on the judgment of your doctor. It sounds like, in your case, it occurred 30 days before your due date, which is pretty normal.
Pregnancy disability leave continues after the childbirth, as long as you continue to be disabled (up to four months of total leave). Every woman is different, but six weeks is a typical post-birth recovery time for a vaginal birth with no complications. If a caesarean section (c-section) or any other form of traditional surgery is necessary, eight weeks (or more) of recovery time is typical.
So, it would be totally normal for you to be entitled to 10 or more total weeks of pregnancy disability leave. Of course, you’d have to check with your doctor about your condition and when you are considered disabled by your pregnancy, the childbirth, or a related medical condition.
Again, during the entirety of the time you are disabled, your insurance contribution rates must remain the same (up to four months). (Gov. Code, §§ 12945, subd. (a)(2), 12945.2, subd. (f)(2).)
To prevent employers from trying to cut off a woman’s benefits in retaliation for taking maternity leave, the law makes it illegal to impose new requirements for a woman to receive benefits. An employer cannot impose new requirements on a woman returning from pregnancy disability leave in order to get benefits. (Cal. Code Regs., tit. 2, § 11044, subd. (e).)
By imposing an arbitrary cutoff of 8 weeks for your medical benefits, it sounds like your employer is violating California law. You should consider discussing this matter with an attorney and deciding the best course of action.
I hope this information helps. If you would like to learn more about maternity leave rights in California, check out our article on the subject: Maternity Leave Law in California.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!