Hello all.. I have 10 weeks till my due date. I've been speaking with my employer about what types of leave I can take and for what maximum period of time.(The company is over 50 employees, I have 5 yrs of service and am employed full time)

I don't think they sure about what leave I can really take. At least, the past several times I have asked them I always get different versions of what I am allowed in terms of job security during my leave and how long I'm allowed to be off work. The latest version is that I am allowed up to 4 weeks before the birth as Pregnancy Disability Leave, 6 weeks after (8 if a C-section). Then I am allowed 6 weeks of Paid Family Leave usable at any time w/in the first year. However my position will only be secured for up to 12 weeks absence from work, regardless if some of that time was taken before or after birth. They say that FMLA (or CFRA?) starts the moment I leave work and runs concurrently with any disability I might take. This might be the actual truth, I don't know since I've gotten at leave 3-4 different versions. If someone could please shed some light on this for me I would appreciate it. I just need to know what I am allowed to take while ensuring job security, just in case I need to take a few weeks before the baby since it is possible near the end I might not be able to fulfill all my work duties.

http://www.dfeh.ca.gov/questionsEmp.asp

Question: How long may a woman be off work for pregnancy?

Answer: Under California law, an employer must provide up to four months disability leave for pregnant women. If more than four months of leave is provided for other types of temporary disabilities, the same leave must me made available to women who are disabled due to pregnancy, childbirth, or a related medical condition. Pregnancy leave is required only when a woman is actually disabled. This includes time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, and related medical conditions.


Question: For what reasons may an employee take leave under the California Family Rights Act (CFRA)?

Answer: An eligible employee may take a job-protected leave of absence for the birth of a child for purposes of bonding, for placement of a child in the employee's family for adoption or foster care, for the serious health condition of the employee's child, parent, or spouse, and for the employee's own serious health condition. The leave may total up to 12 workweeks in a 12-month period. It does not need to be taken in one continuous period of time.

Thanks for the response. I understand that I get 12 weeks of job protection for the birth of the child.. what my employer is saying is that if I take off 4 weeks before the baby is born, that time counts towards it and I must return to work within 8 weeks after the birth in order to keep my job. Any leftover PFL time (in this case another 4 weeks) can be taken within the first year. Therefore I think the problem might be that they're counting any absence from work regardless of what type of leave it is as counting against the 12 weeks job security.. which from all that I am reading doesn't sound right?

You don't get 12 weeks protected leave per incident, you get 12 weeks per year.

Therefore, if you take off 4 before, you only have 8 after your delivery to use. They are correct in their assessment.

Actually, cyjeff's assessment may not be correct in all cases. The generalities are confusing everything. Here are some specifics:

Forget what you do or don't get before and after. Those are all suppositions based on a "normal" pregnancy. Here's the deal... If your doctor declares you disabled, your pregnancy disability starts at that point. If you go out on leave prior to being deemed disabled, the time prior to being disabled WILL count against your 12 week CFRA leave. If you wait until the doctor finds you to be disabled due to your pregancy, the leave only counts towards your pregancy disability leave.

After birth: Until your doctor finds you no longer disabled due to pregnancy related conditions, you are still under pregnancy disabiliity leave. While this may be 6-8 weeks, it can be longer or shorter depending on your unique circumstances. Doctors deal with health, not general timeframes. As long as you don't go past the 4 months of PDL, your CFRA will not start up.

Once you are no longer disabled from the pregnancy, THEN your CFRA can start. If you did not use any prior to the PDL, then you still have the full 12 weeks to use. Both PDL and CFRA are protected leaves. If your employer screws it up, they will not like the outcome. Yes, this does mean that you potentially could be out for up to 7 months on protected leave. Welcome to California!

Paid Family Leave is for a maximum of 6 weeks, and is NOT protected. If you take it after the CFRA, your employer can fire you at will. If you take it concurrently with CFRA, you are fine.

All that to say that this is exactly why I never answer CA pregnancy/maternity leave posts. :confused: :rolleyes:

Just wanted to chime in with Tdpass1. CFRA doesn't start until PDL ends- 6 weeks after the baby is born (8 weeks for a c-section).