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FMLA and CA Disability

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ColleenHope

Junior Member
What is the name of your state?What is the name of your state? Minnesota
I am the sole employee of a CA-based company located in MN. I am 4 months pregnant. In CA, our headquarters has 75+ employees. The company offers no paid maternity leave, just use of vacation/sick time. However, CA employees can get reimbursed from the state thru the mandatory SDI program. Here are my questions:
1) Am I still covered by FMLA with the right to 12 weeks of unpaid leave to care for newborn, with job protection, even though I am the only employee in MN?
2) I have no STD because I am not eligible for the CA plan. I requested HR create a policy that covers out-of-state employees that guarantees the same benefits at the same cost. For example, if I would get $840/wk for 6 wks in CA under the state plan, at a cost of roughly $800/yr in payroll taxes - then out-of-state employees should get $840 x 6 wks - $800. Is there any legal issue with a benefit offered to some employees but not all?
3) What does the State of MN family leave policy have to do with anything? I would not qualify since it requires 21 employees, so I am hoping the Federal FMLA supercedes it and I am eligible for FMLA as an out-of-state employee.
Thanks for your help!
 


Beth3

Senior Member
1) Am I still covered by FMLA with the right to 12 weeks of unpaid leave to care for newborn, with job protection, even though I am the only employee in MN? No. There must be 50 employees at the site you work at or within a 75 mile radius for the federal FMLA to apply.

2) I have no STD because I am not eligible for the CA plan. I requested HR create a policy that covers out-of-state employees that guarantees the same benefits at the same cost. For example, if I would get $840/wk for 6 wks in CA under the state plan, at a cost of roughly $800/yr in payroll taxes - then out-of-state employees should get $840 x 6 wks - $800. Is there any legal issue with a benefit offered to some employees but not all? In these particular circumstances, no. There is no obligation for an employer to provide similar benefits at all of their work locations.

3) What does the State of MN family leave policy have to do with anything? I would not qualify since it requires 21 employees, so I am hoping the Federal FMLA supercedes it and I am eligible for FMLA as an out-of-state employee. You're not eligible for leave under either law as there are not enough employees at the location at which you work.
 

Beth3

Senior Member
None of this procludes you from asking your employer for maternity leave time however. They may be happy to do so and have you return after you have the baby rather than go to the trouble and expense of hiring and training someone new.
 

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