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  • Confused by PDL, FMLA,& CFRA in California

    I am confused about the laws in California regaurding Meternity Leave.

    I was taken off of work 3 months early due to pregnancy complications,Septembe 01,2011. The baby was born 12/07/2011 via C-section
    The question is did the initial 3 months off of work count towards my FMLA/ or CFRA, I was never notified that I was being put on either by my employer. So after he birth I know that I get 8 weeks off to recover and then I took my 6 weeks of bonding time using the PFMLA (Paid Family Medical Leave Act) As I caculate I should get 6 more weeks of FMLA (unpaid of course) if I need them. Am I not correct, or did all my FMLA time get used being taken off of work early.


    Any information would be helpful, I work for a rather large company (Fortune 500) and The Human Resources department cannot answer my questions.

    Thanks

  • #2
    Assuming you and your employer qualify for FMLA/ CFRA, your FMLA clock would start running as soon as you went out for a medical reason. In your case, it started on September 1. As such (and depending upon how your employer calculates a year) you have used well more than 12 weeks of leave this year.

    You can find a chart on how the leaves compare here http://www.fehc.ca.gov/pdf/FMLA-CFRARegsTable-2.pdf

    CFRA kicks in once you actually have the baby and allows for 12 weeks from that point. If your employer wants to be more generous they may but legally you are only entitled to 12 weeks once baby arrives. Your 12 weeks were up this week.
    Last edited by ElleMD; 03-02-2012, 11:24 AM.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      ok, I was thinking that when I was taken off in September that I was portected under the PDL ( which allowes up to 4 months off due to pregnancy related problems) and that didn't run concurrently with the FMLA. I was thinkning that when the baby was born on Dec 7, 2011 that some how my job was protected under FMLA for the 8 weeks of recovery and then when released back to work on Feb. 1st my bonding time started which was part o CFRA which I thought was a total of 12 weeks, leaving me with still 6 more weeks to take. No one can tell me at my HR service center if they ran CFRA concurrently with the FMLA, that is why I thought that if they didn't that I still had another 6 weeks of protected leave, unpaid of course.
      Wishfull thinking I guess, or sleep depraviation (haha) probably a little of both. I just was trying to spend as much time with my newborn as possible, prolonging the enevitable of going back to work andleaving my little one.

      Thanks for your help

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      • #4
        This is how it works in Ca.
        It's possible for an employee to get up to 7 mos. of job protected pregnancy leave
        in Ca. though all women will not qualify for the total 7 mos.:
        In Ca. most female employees can take up to 4 mos. of leave for childbearing & pregnancy related disability (subject to med. certification that an actual disability exists) under the Fair Employment & Housing Act. The fed. FMLA & the state act are generally in alignment except in Ca. a woman can take a 4-mo. pregnancy disability leave followed by a 3-mo. fam. med. leave. This is the rare circumstance when leave under the FMLA & Ca. Fam. Rights Act don't run concurrently--FMLA leave will run concurrently with the 4-mos. of pregnancy disability leave, after which the Fam. Rights Act can be invoked for an add'l. 3-mo. leave. (for bonding)

        An employee will not get the total 4 mos. of PDL (pregnancy disability leave) unless
        they are disabled for 4 mos. Also for FMLA & CFRA the requirements for them must be
        met.


        PFL pays you income while on leave for baby bonding. SDI pays you income while you are disabled from pregnancy.

        PS - When an employee is no longer disabled under PDL (can get up to 4 mos.), she can then get up to 12 weeks add'l. for baby bonding under the CFRA.
        Last edited by Betty3; 03-02-2012, 01:06 PM. Reason: add PS
        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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        • #5
          Originally posted by alligirl View Post
          I am confused about the laws in California regaurding Meternity Leave.

          I was taken off of work 3 months early due to pregnancy complications,Septembe 01,2011. The baby was born 12/07/2011 via C-section
          The question is did the initial 3 months off of work count towards my FMLA/ or CFRA, I was never notified that I was being put on either by my employer. So after he birth I know that I get 8 weeks off to recover and then I took my 6 weeks of bonding time using the PFMLA (Paid Family Medical Leave Act) As I caculate I should get 6 more weeks of FMLA (unpaid of course) if I need them. Am I not correct, or did all my FMLA time get used being taken off of work early.


          Any information would be helpful, I work for a rather large company (Fortune 500) and The Human Resources department cannot answer my questions.

          Thanks
          If you qualify for FMLA/CFRA, you essentially need to ignore FMLA, as it runs concurrently with PDL. So, from September to December, you would have been on PDL/FMLA. Your PDL would have exhausted January 1, 2012. At that time, you are entitled to 12 weeks of bonding leave under CFRA, bringing you to about April 1, 2012.

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          • #6
            You now know the laws re a Ca. pregnancy & can let your HR Dept. know if you need to. (If there is a problem with your time off.)
            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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