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California: Only been with my employer for 10 months - what are my options?

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  • California: Only been with my employer for 10 months - what are my options?

    I'm trying to understand what my options are between California Paid Family Leave, PDL, PFL, FLMA, and CFRA. Any information to help is greatly appreciated!

    I'm due the first week of May - and even though my employer is qualified, I personally will not qualify for FLMA or CFRA because in May, I will have only been with my company for 10 months. I won't need to take any time off before delivery because I'll have the option of working from home for a couple weeks around my due date. I need help with my post delivery "game plan." Here's my understanding of what happens next:

    - Under California Paid Family Leave - I'll get 6 weeks off, paid - is that correct?
    - Then, under PDL - I get up to 4 months off with job security and 55-60% of my salary paid by the state - is that correct? During this time, am I still covered for insurance by my employer?
    - Do I qualify for FLMA and/or CFRA when I hit my 12 month mark, during my leave?
    - What about PFL? How is that different from PDL and where does it fit in?

  • #2
    This is how it works in Ca. "if/when" a pregnant employees qualifies for all
    available leaves (PDL, FMLA, CFRA)

    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. Ca. employees are entitled to leave under PDL regardless of the length of employment or hours worked. Most employers with 5 or more employees are subject to PDL.

    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.
    (SDI & PFL are not leaves but income you get when out on leave.)
    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
      Here's a link that will take you to all the leaves:
      http://www.las-elc.org/help-leaves.html

      PS - yes, your employer will continue your health benefits while off on PDL though it is covered in the link above.
      Last edited by Betty3; 02-20-2013, 04:37 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.

      Comment

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