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Baby bonding leave in California

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  • Baby bonding leave in California

    I have an employee that has been out 16 weeks for California PDL. She was not eligible for FMLA or CFRA because she had not been with the company for 1 year.

    She has now completed a year and wants to take baby bonding time. She gave 2 days notice and is asking for the full 12 weeks.

    Do I have a right to ask her to postpone the leave so that I can make arrangements for staff coverage? (As long as I allow her the full 12 weeks in one year of course.) Or am I stuck complying with her request on her terms?

    Also, could I ask her to take the leave intermittently, maybe two weeks now, return for 1 month, and then take the remainder of her time off?


  • #2
    Simple question first:
    Did she work at least 1250 hours in the last 12 months?


    • #3
      Yes, she met the hours requirement.


      • #4
        You can require that she give you 30 days notice for any forseeable leave. Certainly, baby bonding falls under this requirement. When I am in this situation, I usally tell the employee that I can treat their current leave request as notice and start their leave as early as 30 days from their request.

        The employer MAY waive the 30-day notice requirement but does not have to.

        If she told you 2 days ago (May 11, 2008), I would offer to start her leave on June 10, 2008.

        Remember, her bonding leave must be completed by her child's first birthday.


        • #5
          baby Bonding??

          I have never heard of FMLA for baby Bonding time. Is this for real? On top of other CA leave? Really?


          • #6
            Yep...and California's version of FMLA is CFRA. Interestingly enough, CFRA specifically precludes pregnancy as a serious health condition. That means that you can run PDL and FMLA concurrently, but NOT CFRA. This allows most employees to BEGIN the 12-week clock at the conclusion of maternity leave.

            The only exception is when one exhausts all pregnancy leave under PDL. You can start CFRA at the time of birth which begins the 12 weeks upon birth, instead of at the time of recovery.