Hi there,
I’m new to LLT and am hoping you can help by clearing up some of my unanswered questions re: California pregnancy-related leave. I’ve done a bunch of research on-line, and now I’m stuck. Since I’m employed by a law firm (in the Human Resources department), getting a straight answer while trying to “work the system” (and the company protecting itself, to offer the minimum) is not working in my favor. I’ve tried calling the DFEH (and finally got someone live), but they weren’t helpful at all. They basically quoted what was on their website.

Here’s my situation . . .
I accepted the position with my new employer last September, under the condition that since I will be here for less than 12 months/1250 hours when my due date approaches in April 2009, the negotiated maternity leave would be for four months. Well, it turns out that there was a “misunderstanding”, and they’ve decided to only grant me a total of three months. I’m hoping that I have a normal pregnancy and that I won’t need to use any time off prior to my due date (although that would be a nice break!). So, if all goes to plan, I will use the six weeks (under SDI) and the next six weeks (under PFL — which I realize does not offer job protection). That will bring me to a total of three months.

I’ve decided that I am going to “try” to take the additional unpaid 12 weeks, under CFRA. This is where it gets a little hairy and I need your help . . .

After my three months of SDI/PFL, I plan to return to work part-time, for eight 3-day weeks. After this eight weeks, I will have reached my twelve months of employment (as of 9/15/09) and also worked a little over 1250 hours (excluding the 3 months of leave).
With this scenario, does it sound like I would be eligible for CFRA? My concern is that I'll have the break in service during my three months of disability.

One other question . . .
During the time I return to work part-time, my husband will take his eight 3-day weeks (24 days) of PFL to cover my absence. Can you help me understand what the allotment is for PFL? Do the “6 weeks” = 30 days (@ 5-day weeks) or 42 days (@ 7-day weeks)?

Thanks so much for your help! :)

You have a lot of issues here, but let me try and make this succint.

the negotiated maternity leave would be for four months.

Actually, that is not a "negotiated" leave. California's PDL (Pregnancy Disability Leave) mandates that an employer with 5 or more provide an employee who cannot work for pregnancy related reasons, a leave of absence for up to 4 mos. Note this is only due to the medical incapacity--not bonding. PDL can be taken for morning sickness, dr appointments, or the leave for pregnancy.

For more info on PDL, please go tohttp://www.dfeh.ca.gov/publications/publications.aspx?showPub=17

Okay, now for the CFRA...once you hit your one year mark and work 1250 hours in the proceeding year, you can request bonding. The employer must also be an eligible employer. You have up until your child's first birthday to complete your bonding. If your employer requires it, you must give a 30 day notice. And something unique to CFRA bonding---you may two instances of less than 2 weeks, but after that the minimum increment is 2 weeks.

Finally, remember for your return to work. The Company makes the determination whether or not to allow intermittent bonding. Thus, you and your husband must ask your employer about your part time work schedules. If they decline, then you have to live with that.

Hope that helps.

Thank you for your reply, HR/DisMgr!

Just to clear up the four months -- the three months granted by my employer is the total they're allowing for "bonding" (so, total time out of the office). Hopefully there won't be a need for any "medical" disability pre/post delivery! But, in case, I am aware of the four month requirement under PDL.

In terms of the return to work part-time, my employer has offered this arrangement to me on a temporary basis. During this 8 weeks, I won't be covered under any type of leave. I will simply have returned to work under a part-time status. Is that correct? -- or will I be covered under a leave for the two days off per week? I don't believe so, because I'm not yet eligible for FMLA/CFRA.
We haven't confirmed this arrangement with my husband's employer yet, but we're hoping they will allow him to take his PFL on an intermittent basis. They've been more open about his leave eligibility than my employer, so I don't think we'll have a problem.

Would you happen to know the definition of the 6 weeks of PFL? -- 30 days (@ 5-day weeks) or 42 days (@ 7-day weeks).

Thank you, again!

How would you not have any medical disability following birth? Certainly some women work up through the day of birth, but after you get 6 weeks for a vaginal birth and 8 weeks for a cesarean. (Generally speaking.)

If they allow you to return intermittently before you are eligbile for FMLA/CFRA, then no, you won't be covered under any leave until you reach your eligibility.

PFL, like SDI, is determined by calendar week.

Thanks! :)