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Your Legal Corner - Client Alert Blog

CA Employers Required To Pay Health Insurance Premiums For Pregnancy Disability Leaves

Written By: Melissa C. Marsh, Esq., California Attorney, November 2011 Add to Favorites
Effective January 1, 2012, S.B. 299 and A.B. 592 amend California's Fair Employment and Housing Act set forth in Government Code 12945 to require California employers with five (5) or more employees and who provide health insurance benefits to maintain and pay (for up to 4 months) the health insurance premiums for employees who availed themselves of the health insurance benefit and take pregnancy disability leave (PDL).

California employers should be aware that California's pregnancy disability leave laws apply to all employees, even if that employee has only worked for the employer for a very short time.

Under certain limited circumstances, the employer may recover the amounts paid for the health insurance premium costs paid should the employee refuse to return to work for the employer. The new legislation affords the employer the right to recover the health insurance premium costs paid if the employee fails to return to work for reasons other than: (1) taking additional leave afforded under the California Family Rights Act; (2) taking other protected leave, or (3) circumstances beyond the employee's control. In effect, the employer would be entitled to recover the health insurance premiums paid in the limited circumstances that the employee refused to return to work because she found another job, preferred working elsewhere, or choose not to work at all.


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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.