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Denied CFRA Split Paternity Leave - California

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  • Denied CFRA Split Paternity Leave - California

    I have worked for a large corporation bank for the past 7 years as a full time 40 hour employee. In Feb, my wife gave birth to our first child. At the time of the birth I took off 4 weeks, 2 of which was vacation time I used and the other two were two paid weeks the company provided for me. I returned to work after the 4 weeks off and my wife stayed home with our son.

    Now that my wife is going back to work, I decided that i would like to use 6 more weeks of my baby bonding time and put in a request for leave with my work again.

    I was denied leave, stating that it was it was company policy that bonding time be taking consecutively and because i took two weeks at the birth then came back to work i lose the ability to take anymore. At this time i was provided a copy of the company policy (to which i was never provided before, nor was it ever mentioned to me about no split bonding time.)

    I was wondering if am employer can require all bonding time be taken in one shot under CFRA? All i can find under CFRA about bonding requirements is that it has to be taken in two week increments.

    Thank you in advance for your help.

  • #2
    I don't "think" they can deny you this leave. However, you might want to run it by the Ca. Dept. Fair Employment & Housing. They oversee CFRA.

    I might mention if you & your wife work for the same employer, baby bonding leave can be limited to a combined 12 weeks total - you & your wife would have had to decide how to divide the 12 weeks.
    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
      Thank you for the reply Betty3. I also don't think they can deny this leave. My wife and I don't work for the same employer. I will be stopping by my local labor board office tomorrow to talk to them about it.

      Thanks again

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      • #4
        How much notice did you give that you were taking these 6 weeks?

        Here is a good chart which outlines the FMLA and CFRA requirements. FMLA vs. CFRA - DFEH - Home

        http://www.dfeh.ca.gov/res/docs/ppt/...gs_Table-1.pdf
        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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        • #5
          I notified my manager at the end of July, and called into my HR on August 5th that I would be taken leave starting Sept 15th. I was officially denied leave on August 19th.
          Last edited by dr.willy; 08-20-2015, 11:31 AM.

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          • #6
            Ok. I would contact the Ca. DFEH.
            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
              Contact the DFEH

              In California, you are allowed to take intermittent leave. You are also allowed to take more than 2 weeks of leave. Below is a blog post that I wrote that talks about how you can combine different CA medical leave laws and protections to take the maximum allowable time off. Make sure that you qualify under the laws.
              Last edited by Betty3; 02-12-2016, 10:48 PM. Reason: deleted link to attorney website

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              • #8
                Please do not reply to old threads & no advertising of attorney websites.
                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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