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  • 12, 18, or 24 weeks job protected leave? California

    Assuming that I work right up until my baby is born, is it a total of 12 weeks, 18 weeks, or 24 weeks of job protected leave in California? Both my company & I meet the requirements for all of these things. Basically what I am getting confused about is the CFRA and when it starts and what it overlaps with.

    IS IT

    First 6 weeks - FMLA starts for job protection. PDL starts. SDI for payment.
    Second 6 weeks - CFRA starts for job protection. PFL for payment. FMLA continues?
    Third 6 weeks - CFRA continues for job protection. No payment.

    OR

    First 6 weeks - FMLA starts for job protection. SDI for payment.
    Second 6 weeks - FMLA starts for job protection. PFL for payment.
    12 more weeks - CFRA starts for job protection. No payment.

    OR

    First 6 weeks - FMLA OR CFRA starts for job protection. SDI for payment.
    Second 6 weeks - FMLA OR CFRA starts for job protection. PFL for payment.


    Based on what I am reading on these forums I am almost certain the first scenario is the correct one? But I have also seen sources saying that you can start 12 wks of CFRA after 12wks of FMLA is finished for a total of 24 weeks. I feel so very, very lost & overwhelmed & confused!

    Thanks!
    Last edited by Tasksgirl; 10-11-2011, 04:41 PM.

  • #2
    Also is this graphic correct?

    http://www.flickr.com/photos/aranand...n/photostream/

    Comment


    • #3
      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.

      While off on disability, an employee should get Ca. SDI (state disability insurance) to get paid while off on disability.
      The PFL (paid family leave) pays employee while off on bonding leave.

      PS - PDL applies to employers with 5 or more employees & regardless of length of
      service.
      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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      • #4
        Regarding your link above, the chart is correct.
        An employee can get up to 4 mos. of PDL if they are disabled longer than "normal"
        due to her pregnancy though. The time off while disabled is PDL. (FMLA runs
        concurrent with it.)
        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


        • #5
          Must CFRA always overlap with the last bit of FMLA? Why does it not start when FMLA ends?

          Thanks!

          Comment


          • #6
            FMLA runs concurrent with PDL.

            CFRA starts when PDL ends.
            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


            • #7
              I don't want to confuse you further but in Ca. you can "in a sense" almost
              forget about FMLA since it runs concurrent with PDL & PDL is job protected
              leave. Then after the PDL, you get CFRA for job protection - baby bonding.
              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


              • #8
                Is there any paperwork or anything on my part for CFRA or FMLA?

                Comment


                • #9
                  Here is a link on FMLA/CFRA that should answer all your questions re these
                  leaves. You need to inform your employer of your need for leave & work with
                  them.

                  http://www.las-elc.org/factsheets/leave-health.html
                  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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