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  • Fmla & Cfra California

    I work for (employer). The Corporate office is located in (city). The company has few more branches(different locations, (city) the nearest).
    The (city) local brach I work at employs less than 50 people.
    The company's HR representative informed me that I cannot benefit of FMLA and CFRA (after the birth of my child) based on the fact that I work at a branch with less than 50 employees, and the other branches are located further than 100 mi appart.

    Can you please, be so kind and inform me about my rights under these circumstances?
    I started my pregnancy disability leave on January 6,2009, and I delivered my baby on February 11,2009. I am still recovering and so is my baby, who was hospitalized with flu shortly (11 days) after birth.

    Sincerely,
    Ioana

    "The FMLA and CFRA apply to all employers who employ fifty or more part or full time employees. The FMLA also applies to all public agencies and most federal employers, even if the public entity has less than fifty employees. If your company does not employ fifty or more part or full time employees, it is not required to comply with the FMLA/CFRA."
    Last edited by Betty3; 03-30-2009, 04:08 PM. Reason: remove name of employer & cities

  • #2
    If your employer doesn't have 50 or more employees within a 75 mile radius of your work location, fed. FMLA & Ca. FMLA (CFRA) do not apply.

    I assume you are currently out on Ca. pregnancy disability leave. (PDL)
    Pregnancy Disability Leave-(under Fair Employment & Housing Act)
    An employer must provide up to four months disability leave for a woman who is **disabled** due to pregnancy, childbirth, or a related medical condition. (subject to med. cert.) However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition.
    Eligibility for pregnancy leave-
    A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.
    (This is unpd. job protected leave.) Applies to employers with 5 or more employees.

    The PDL is up to 4 mos. for a pregnancy which makes the employee *unable to work* (does NOT include bonding). For the period of time, you are medically unable to work, you should be able to collect State Disability Insurance which I assume you are collecting.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      I edited out the name of your employer & the cities you noted - we don't name actual names of employers - it's to your advantage not to have the info I edited out there.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Re:fmla

        Thanks a lot for your prompt response. Per my doctor's orders I should be eligible for 2 more mo. of PDL...
        Sincerely,
        Ioana D.

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        • #5
          You're welcome. Enjoy the new little one.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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