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!
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!