Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to, or CFRA leave as a surrogate?
A. California law is generally protective of surrogacy arrangements. It requires all public employers and private employers with five or more employees to provide up to four months of job-protectedif a woman is “actually disabled” by her pregnancy.
A woman qualifies if “in the opinion of her health care provider, she is unable because of pregnancy to work at all or is unable to perform any one or more of the essential functions of her job or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons.”
Examples of such conditions include severe morning sickness, bed rest, preeclampsia, childbirth and recovery from childbirth.
Eligibility does not depend on the reas...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FMLA entitles you to request proof worker's parent has serious health condition
- How long do we need to hold job for employee out for workers' comp injury?
- State employees can't double-dip on FMLA claims
- HR Specialist releases agenda for Nov. 4-6 conference in D.C.