I'm having some problems with my employer as to when I'm due to return to work. I was put on pregnancy disability on 6/29/06 until the birth of my baby on 7/19/06 (by c- section). I plan to take all the time that the state of California allows and my 9 year employer and I aren't seeing the law the same way :mad: .

This if my understanding...If I delivered on by c-section 7/19/06 then I am still under pregancy disability (PDL) until 8 weeks after (standard recovery time). Once the 8 weeks have passed the CFRA time (12 weeks) can begin to count. Right?? :confused:

What my employer is doing is counting the 12 weeks of CFRA from the day I delivered my baby instead of after the 8 week recovery period - which is standard for a c-section delivery. They said the PDL ends the day I deliver and CFRA time begins. How could I be expected back to work on the day after I had my baby? So...according to them I'm due back to work on 10/23/06 :eek: .

Call me crazy but that just doesn't sound right to me!!! Please help!!!

Your employer is wrong. Your PDL lasts until the day your doctor certifies that you are no longer disabled as a result of your pregnancy related condition (or up to a maximum of 4 months). While 8 weeks is the standard c-section recovery time, it can be more or less than that. CFRA begins after the PDL has ended.

Here is the link where it states this on the DFEH website:

http://www.dfeh.ca.gov/statutes/pregnancyleave.asp

Does your employer have 50 employees within 75 miles? Did you work more than 1250 hours in the last year? If so, then you are right and they are wrong.