Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Disability leave, PFL, FMLA and CFRA in California question

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disability leave, PFL, FMLA and CFRA in California question

    HI,

    I am due in May 26th. I live in CA, these are my understanding of leave..

    CA disability leave is 4 weeks before and 6 weeks after delivery. My FMLA (12 weeks)starts from the day I start disability leave. Then I get PFL benefit....Here I still ahve my 2 weeks of FMLA leave..Can I use it or we must use CFRA with PFL? We also have CFRA. I would like to take CFRA later, like after 6 months...

    CAn someone explain me how all these leaves and benefits can be taken ? What leave runs concurrently ? I am so confused..

    Thanks,
    V

  • #2
    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 rights can be invoked for an add'l. 3-mo. leave.
    This is all job-protected leave. However, some women will not qualify for the total 7 mos.

    Ca SDI & PFL does not grant additional leave but pays you while you are out on approved 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.

    Comment


    • #3
      Adding to my above post, this assumes you meet the requirements for the various leaves - I was assuming you did since you mentioned, FMLA, CFRA....
      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


      • #4
        Thanks for your response Betty...
        Yes I do qualify for FMLA and CFRA....

        I was told in my office like this..

        I take 6-8 weeks disability leave after delivery..4 weeks before is depends, if doctor says so...PDL. My FMLA starts with my PDL.

        CFRA runs concurrently with the disability leave except for PDL.

        PFL is not a leave..it is just a benefit...Generally CFRA(12 weeks) follows the PDL with benefit from PFL.

        6 weeks PDL - 6 weeks SDI from state
        remaing FMLA/CFRA - 6 weeks of PFL from the state
        Company meternity benefit - 4 weeks pay
        PTO may be used to extend pay for the remaining 2 weeks.


        According to me,
        I can take 4 weeks before delivery and 6 weeks after delevery (assume normal delivery)... Covered under PDL and FMLA...

        After this How to take PFL? I have remaining 2 weeks FMLA and I don't want to use CFRA at this point. I want to use CFRA later...it can be taken anytime with in a year...and I don't care about the pay, I just need leave...I want more bonding time...

        Thank you again..
        V

        Comment


        • #5
          Once your dr releases you from the disability portion of your leave (PDL), your employer should automatically convert any time to the remainder of your FMLA and the inception of your CFRA. Depending on the pregnancy, you will still have 12 weeks of CFRA once you are released from PDL.

          How much bonding time do you want??

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X