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California disability leave and FLMA California

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  • California disability leave and FLMA California

    My disability just ended on Friday. I contacted my manager and ceo to inform them that i would be returning to full time work come Monday. However, that i would be working from home. Prior to me taking the leave I had discuss my leave options with both ceo and manager and had come to an agreement that i would be allowed to work from home once my disability ended. Once i told my ceo that i would be retuning to full time work from home he is now stating he will not allow me to work form home and that he wants to move me to another department and make me from full time to part time. Is he allow to do this? Are there state and federal laws that prevent him from changing my hours from full time to part time?

    Can I take a FLMA leave and would my job position still be protected?

    Any help would be appreciated.

  • #2
    Why weren't you on FMLA while you were receiving disability benefits?

    Why were you told you would not be allowed to work from home upon your return to work? Perhaps circumstances have changed and having you work from home no longer works for the employer.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      FMLA generally runs concurrently with disability. I will be very surprised if you have not been on FMLA all this time. How long have you been out?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Do you qualify for FMLA (or CFRA) leave - meet all the requirements?
        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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        • #5
          Thank you to all of you for responding to my thread.

          Yes, I do qualify for FMLA leave. I was under the impression that FMLA leave can be taken at any time during the first year. I was under the impression from my ceo that I would be allowed to work from home, therefore, I decided not to use the FMLA until later next year.

          I had a c-section so i was out for 8 weeks. Can my CEO change me from full time to part time and change my job position. Are there not any laws that prevent him from doing this?

          Comment


          • #6
            It's not a matter of you deciding to use FMLA leave. If the employer knew or had enough information to determine that FMLA leave was applicable, they are required to designate your leave as FMLA leave.

            Ask your HR representative.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Pattymd,

              We do not have a HR as I work in a start up company. The CEO is the HR....I had another co-worker who just had a baby this Jan and she did not take the FMLA until just now. She had taken 2 weeks off prior to her due date and 8 weeks State Disability and now took the 6 weeks of FMLA leave.

              Do I determine when to take the FMLA or the employer?

              If I am unable to work from home then I plan on taking the FMLA leave. Is this not possible?

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              • #8
                You say this is a start-up company. Makes me wonder how many employees the company has; if it's not at least 50 employees at YOUR regular work site, then the employer is not subject to either FMLA or CFRA.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  FMLA applies when ALL of the following are true:

                  1.) The employer has at least 50 employees within 75 miles of your location
                  2.) You have worked for this employer for a minimum of 12 months (need not be consecutive)
                  3.) In the 12 consecutive months immediately preceding the start of your leave, you have worked a minimum of 1,250 hours
                  4.) You or a qualified beneficiary has a "serious health condition" as defined by the statute. (This includes baby bonding time.)

                  If even one of these conditions is not true, then FMLA does not apply. An employer can opt to allow leave anyway, but it is NOT FMLA and does NOT provide FMLA protections.

                  However, if all of these conditions are true and the employer knows it, FMLA is NOT optional. You do not get to decide to waive FMLA and take it at a later date. If you (and your co-worker) really do qualify for FMLA and your employer has been allowing you (either of you) to waive FMLA and take it when you like, then your employer does not understand FMLA and has been violating the law. While whatever is left of FMLA after the maternity leave can be taken intermittantly for baby-bonding leave if both employer and employee agree, for up to one year, the time you were collecting disability benefits should have been applied to FMLA as well. (This is assuming that you and the employer both qualify.)

                  If FMLA does not apply, then the employer can allow you to take whatever leave s/he chooses. But it will not come with job protection unless the employer decides that it does. But if FMLA does apply, then the employer is violating the law if it is not applied.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    California pregnancy:
                    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) is not actual leave but just pays employee while off on bonding leave.
                    Last edited by Betty3; 11-15-2010, 11:09 PM. Reason: left out word
                    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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