I have a 3 month old son(first baby), I returned to work 6 weeks after delivery. I want to take the 6 weeks of paid family leave from Jan 09 but my manager is not approving my leave, he says they don't know how the company will be and need me to be there. My company isn't doing well, they are laying off, i don't know if its a nice way to tell me to quit if i wanted to. I have been with this company for a year.

Am i eligible for Paid family leave if i get layed off?
Is my employer entitled to decline my paid family leave?

Thanks,
Aarti

How many employees and when was your one year anniversary? How many hours have you worked in the past year?

It sounds like they aren't approving the leave yet as they are in teh midst of layoffs and do not know who will be affected. Is that the case?

I have a 3 month old son(first baby), I returned to work 6 weeks after delivery. I want to take the 6 weeks of paid family leave from Jan 09 but my manager is not approving my leave, he says they don't know how the company will be and need me to be there. My company isn't doing well, they are laying off, i don't know if its a nice way to tell me to quit if i wanted to. I have been with this company for a year.

Am i eligible for Paid family leave if i get layed off?
Is my employer entitled to decline my paid family leave?

Thanks,
Aarti

Paid family leave is not job protection, it is income replacement and is paid by the State. So, your employer has nothing to do with granting or denying it. Are you confusing it with FMLA/CFRA?

How many employees and when was your one year anniversary? How many hours have you worked in the past year?

It sounds like they aren't approving the leave yet as they are in teh midst of layoffs and do not know who will be affected. Is that the case?

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I completed one year on Nov 19th'08. I have worked more than 1250 hours. The are in the midst of layoffs.

You met the 1 year requirement 11-19-08 & also met the hrs. requirement for FMLA/CFRA. (job protected leave) I know your employer is in the mist of layoffs but how many employees does your employer have (employ) within a 75-mile radius of where you work? Does the following apply -- (A private employer is covered if it maintained 50 or more employees within a 75-mile radius on the payroll during 20 or more calendar workweeks (not necessarily consecutive workweeks) in either the current or the preceding calendar year.)

Paid family "leave" would be pay you get while off on leave. (ie FMLA/CFRA leave to bond with baby)

However; even if you qualify for FMLA/CFRA, both of which are job protected leave, your employer can lay you off if they would have laid you off had you not requested FMLA/CFRA leave.

There are close to 500 employees within 75 mile radius of work. Am I eligible for paid family leave if i get laid off?

It seems you qualify for FMLA/CFRA - you can get PFL (for bonding) to get paid while taking job protected leave under FMLA or CFRA for bonding. However, remember, you can be laid off while on FMLA or CFRA & while you are getting PFL if you would have been laid off had you not been on FMLA/CFRA.

There are close to 500 employees within 75 mile radius of work. Am I eligible for paid family leave if i get laid off?

PFL is calculated according to your base period and your wage earnings during that period. You can find out more here:

http://www.edd.ca.gov/Disability/PFL_How_to_File_a_Claim.htm

As long as you made the requisite earnings during your base period, your layoff should not affect your eligibility.

Agree with the above but just to note it - you cannot receive PFL payments for the same period of time in which unemployment ins. benefits are paid. Unemployment Insurance Code Section 2628 and Section 3303.1(a).