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Job Protection in CA while on Maternity California

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  • Job Protection in CA while on Maternity California

    I am so confused and have not been able to find an answer as to job protection. I live in CA and have been working for the same company (over 50 employees) for over three years full time.

    I understand the paid part but not the job protection which is my main concern.

    I wanted to take four weeks off before my due date and 12 weeks off after my baby is born for a total of 16 weeks.
    Will my job be protected for 16 weeks and if so under what law it is protected?

  • #2
    If you're eligible for CFRA (which it appears you are), you get up to 4 months of Pregnancy Disability Leave (PDL) for any period of actual disability. For a normal pregnancy and birth this is usually 4 weeks prior to birth and 6 weeks after. In addition to PDL, you get 12 weeks of CFRA bonding time. So your total possible job protected leave could be 4 months plus 12 weeks (this assumes you're actually disabled by pregnancy for 4 months). If you have a typical pregnancy and birth, your job protected leave will likely be a total of 22 weeks (4 weeks before birth + 6 weeks after + 12 weeks bonding time.)

    Comment


    • #3
      If you have a typical pregnancy and birth, your job protected leave will likely be a total of 22 weeks (4 weeks before birth + 6 weeks after + 12 weeks bonding time.)
      Endeavor, do you have a link to show how you are calculating the 22 weeks ?
      I'm not seeing anything providing for more than a max of 12 workweeks under CRFA...
      The maximum CFRA leave entitlement
      Leave under the California Family Rights Act (CFRA) may total up to 12 workweeks in a 12-month period. It does not need to be taken in one continuous period of time.

      How the 12-month period is calculated
      An employer may choose how to compute the 12-month period in which the 12 workweeks of leave entitlement occurs, using any of the four calculation methods listed below. An employer must apply the chosen method consistently and uniformly to all employees.

      The calendar year
      Any fixed "leave year" of 12 months, such as a fiscal year, a year required by State law, or a year starting on an employee's anniversary date
      The 12-month period measured from the date an employee's first CFRA leave begins
      A rolling 12-month period measured backward from the date an employee uses any leave

      The CFRA leave may be added onto pregnancy disability leave
      At the end of an employee's period(s) of pregnancy disability leave, a CFRA-eligible employee may request a CFRA leave of up to 12 workweeks for reason of birth of her child if the child has been born by this date. There is no requirement that either the employee or child have a serious health condition nor is there a requirement that the employee no longer be disabled by her pregnancy, childbirth, or related medical condition before taking CFRA leave for reason of birth of her child
      An employer is not required to pay an employee during a CFRA leave, except when an eligible employee elects, or the employer requires, the employee to use any accrued vacation time or other accumulated paid leave other than accrued sick leave.

      However, if CFRA leave is for the employee's own serious health condition, the employee may elect or the employer may require the employee to use any accrued vacation time or other accumulated paid leave, including any accrued sick leave. Additionally, the employee may elect to use accrued sick leave for any other reason mutually agreed to by the employer.

      An employer must continue health care coverage for employees during their CFRA leave
      If the employer provides health benefits under any group health plan, the employer has an obligation to continue providing such benefits during an employee's CFRA leave. This obligation commences on the date leave first begins. The obligation continues for the duration of the leave(s), up to a maximum of 12 work weeks in a 12-month period.
      An employer must continue other benefits during an employee's CFRA leave
      During the period of CFRA leave, the employee is entitled to accrual of seniority and to participate in employee benefit plans, including life, short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as would apply to any other leave granted by the employer for any reason other than CFRA leave.
      CFRA provides job protection, same as FMLA, I'm not seeing those same benefits under PDL/PFL. It appears PDL/PFL is a mechanism where by the EE is paid benefits, but not affording actual job protection.
      I understand the paid part but not the job protection which is my main concern.
      The information appears to say you are provided actual job protection up to 12 workweeks, CFRA/FMLA, PDL/PFL provides for paid benefits, but not actual job protections. IMHO>... Big difference.
      http://www.edd.ca.gov/disability/PFL...le_a_Claim.htm
      http://www.dfeh.ca.gov/DFEH/Publicat...raDefined.aspx

      Comment


      • #4
        PDL is job protection that is separate and distinct from CFRA. CA employees can take up to 4 months of PDL plus an additional 12 weeks of CFRA bonding time, if eligible. PFL/SDI are paid benefits, not job protection. So the total possible job protected leave could be 7 months (4 mos PDL, 3 mos CFRA).

        "At the end of the employee's period(s) of pregnancy disability, or at the end of four months pregnancy disability leave, whichever occurs first, a CFRA- eligible employee may request to take CFRA leave of up to 12 workweeks for reason of the birth of her child, if the child has been born by this date." Cal. Code of Regs. Tit. 2 section 7291.13 (c).

        "The right to take a pregnancy disability leave under Government Code section 12945, subdivision (b)(2), and these regulations is separate and distinct from the right to take a CFRA leave under the California Family Rights Act, Government Code sections 12945.1 and 12945.2." Section 7291.13(a).

        Comment


        • #5
          Agree with everything Endeavor said. Betty3
          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


          • #6
            CAIW,

            CA specifically excludes pregnancy as a serious health condition. CFRA and PDL should never run concurrently. So at the time one is released from PDL (up to 4 mos max but ONLY the amount of time one is disabled by the pregnancy), their 12 weeks of CFRA is available.

            It's easier if you just forget about FMLA (although do not forget to designate as such!) and do the calculations with PDL and CFRA. Ahh...the world I live in.

            Comment


            • #7
              Thank you... all.
              I'm understanding better, I had an IW out on TTD, became pregnant during the leave, and carrier attempting to terminate bennies until baby arrives. Can't do that.
              So the issue of job protection came up, and ER is attempting to deny FMLA....thus the overlaps.
              "They" will attempt anything I suppose to deny anything possible.
              As a former EE, ER, IW... I understand the economics. I just don't agree with the stance of the ER/carrier in every delay/denial.

              Comment

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