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California: PDL/FMLA/CFRA and doctor ordered bed rest California

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  • greenmax
    replied
    Originally posted by Endeavor View Post
    PDL is 4 months. The regulations used to interpret 4 months as 88 working days for full time employees. The new regs state that 4 months means the number of days the employee would normally work within 4 calendar months (one third of a year equaling 17 1/2 weeks) if the leave is taken continuously. If the employee's schedule varies from month to month, a monthly average of the hours worked over the 4 months prior to the beginning of the leave is used for calculating the employee's normal work month. For a full time employee who works 40 hours, 4 months means 693 hours of leave based on 40 hrs per week times 17 1/2 wks.

    Single day holidays still count toward PDL and CFRA time unless the business is closed for one or more weeks.

    Your employer can agree to delay the start of your CFRA, however, be aware that if you do not begin CFRA immediately after PDL, the date that determines the 1250 hours worked requirement will change. This may or may not affect your CFRA eligibility depending on how may hours you worked. In your case, let's assume you go on PDL (which is also FMLA qualifying) on Feb 4th and then immediately take CFRA on June 4th. The 12 months that you must have worked 1250 hours will be from Feb 4, 2012-Feb 4 2013. However, if you allow a gap between your PDL and CFRA and begin CFRA on June 17, the 12 months will be counted from June 17, 2012-June 17 2013. Because you were on leave for 4 of those months, obviously your hours worked will be less. Just make sure that you will have worked 1250 hours before you allow the gap between PDL and CFRA.
    Many thanks for the detailed reply. This has answered a lot of my questions.

    Leave a comment:


  • Endeavor
    replied
    Originally posted by greenmax View Post
    Thanks for the reply and the clarification on using months instead of weeks. Regarding the PDL, some websites say that I am eligible for 88 working days while others say 4 months. Which one of the two is correct. I guess the difference is in counting Easter, Memorial Day and Independence Day Holidays. Same question of 12 weeks for CFRA.

    Also, does CFRA start as soon as the PDL ends. For instance if the PDL ends June 4th, can I start the CFRA on June 17th with no job guarantee between June 4th and June 17th. I will be off from work between June 4th and 17th either unpaid or still covered by CA-SDI medically allowed.


    Thanks once again for the prompt answers and excellent help.
    PDL is 4 months. The regulations used to interpret 4 months as 88 working days for full time employees. The new regs state that 4 months means the number of days the employee would normally work within 4 calendar months (one third of a year equaling 17 1/2 weeks) if the leave is taken continuously. If the employee's schedule varies from month to month, a monthly average of the hours worked over the 4 months prior to the beginning of the leave is used for calculating the employee's normal work month. For a full time employee who works 40 hours, 4 months means 693 hours of leave based on 40 hrs per week times 17 1/2 wks.

    Single day holidays still count toward PDL and CFRA time unless the business is closed for one or more weeks.

    Your employer can agree to delay the start of your CFRA, however, be aware that if you do not begin CFRA immediately after PDL, the date that determines the 1250 hours worked requirement will change. This may or may not affect your CFRA eligibility depending on how may hours you worked. In your case, let's assume you go on PDL (which is also FMLA qualifying) on Feb 4th and then immediately take CFRA on June 4th. The 12 months that you must have worked 1250 hours will be from Feb 4, 2012-Feb 4 2013. However, if you allow a gap between your PDL and CFRA and begin CFRA on June 17, the 12 months will be counted from June 17, 2012-June 17 2013. Because you were on leave for 4 of those months, obviously your hours worked will be less. Just make sure that you will have worked 1250 hours before you allow the gap between PDL and CFRA.

    Leave a comment:


  • greenmax
    replied
    Originally posted by Endeavor View Post
    Not exactly, but close. It's much easier to look at it in terms of job protected leave first and then determine what your wage replacement will be. You have a total leave entitlement of 4 months (PDL) and 12 weeks (CFRA). Assuming you go on PDL Feb 4th, your total job protected leave will end September 4th. Feb 4-June 4th you're covered by PDL. The rest of the time until Sept 4th is CFRA. You get SDI during PDL (minus the 1 wk waiting period) and 6 weeks PFL once you are no longer disabled.
    Thanks for the reply and the clarification on using months instead of weeks. Regarding the PDL, some websites say that I am eligible for 88 working days while others say 4 months. Which one of the two is correct. I guess the difference is in counting Easter, Memorial Day and Independence Day Holidays. Same question of 12 weeks for CFRA.

    Also, does CFRA start as soon as the PDL ends. For instance if the PDL ends June 4th, can I start the CFRA on June 17th with no job guarantee between June 4th and June 17th. I will be off from work between June 4th and 17th either unpaid or still covered by CA-SDI medically allowed.


    Thanks once again for the prompt answers and excellent help.

    Leave a comment:


  • Endeavor
    replied
    Originally posted by greenmax View Post
    Hello Everyone.

    Happy New Year to everyone on this forum. Our pregnancy issues have eased a bit and the Doctor plans to send me on Disability on 4th Feb instead of first week of Jan'13. Since we are having twins, the doctor thinks it is more realistic to think the delivery will be around 15th April instead of 7th May.

    The HR functions in my company have been outsourced recently, and I have to guide them rather than other way around. It would be great if experts here can confirm the following dates/timelines so that I can start with the paperwork with the HR and my doctor.

    4th Feb - 10th Feb: 1 week waiting period for disability to kick in
    11th Feb - 14th Apr: 10 weeks covered by CA-SDI. Overlaps with 10 weeks of PDL.
    15th Apr - The Twins arrive via C-Section.
    15th Apr - 9th Jun: 8 Week period after delivery covered by CA-SDI. Overlaps with 6 weeks PDL and 2 weeks CFRA
    10th Jun - 21st Jul: 6 Week PFL after 8 weeks of SDI is over. Runs concurrently with 6 weeks of CFRA
    22nd Jul - 18th Aug: 4 more weeks of CFRA to complete 12 weeks.

    Of course the dates after the delivery will change depending on when the delivery occurs and whether it is natural or C-section.

    The way I see it, my job is protected for 28 weeks (16 PDL + 12 CFRA) and I get wage replacement for 22 weeks (16 CA-SDI + 6 PFL).
    Not exactly, but close. It's much easier to look at it in terms of job protected leave first and then determine what your wage replacement will be. You have a total leave entitlement of 4 months (PDL) and 12 weeks (CFRA). Assuming you go on PDL Feb 4th, your total job protected leave will end September 4th. Feb 4-June 4th you're covered by PDL. The rest of the time until Sept 4th is CFRA. You get SDI during PDL (minus the 1 wk waiting period) and 6 weeks PFL once you are no longer disabled.

    Leave a comment:


  • greenmax
    replied
    Hello Everyone.

    Happy New Year to everyone on this forum. Our pregnancy issues have eased a bit and the Doctor plans to send me on Disability on 4th Feb instead of first week of Jan'13. Since we are having twins, the doctor thinks it is more realistic to think the delivery will be around 15th April instead of 7th May.

    The HR functions in my company have been outsourced recently, and I have to guide them rather than other way around. It would be great if experts here can confirm the following dates/timelines so that I can start with the paperwork with the HR and my doctor.

    4th Feb - 10th Feb: 1 week waiting period for disability to kick in
    11th Feb - 14th Apr: 10 weeks covered by CA-SDI. Overlaps with 10 weeks of PDL.
    15th Apr - The Twins arrive via C-Section.
    15th Apr - 9th Jun: 8 Week period after delivery covered by CA-SDI. Overlaps with 6 weeks PDL and 2 weeks CFRA
    10th Jun - 21st Jul: 6 Week PFL after 8 weeks of SDI is over. Runs concurrently with 6 weeks of CFRA
    22nd Jul - 18th Aug: 4 more weeks of CFRA to complete 12 weeks.

    Of course the dates after the delivery will change depending on when the delivery occurs and whether it is natural or C-section.

    The way I see it, my job is protected for 28 weeks (16 PDL + 12 CFRA) and I get wage replacement for 22 weeks (16 CA-SDI + 6 PFL).

    Leave a comment:


  • Betty3
    replied
    You're welcome & ok.

    Leave a comment:


  • greenmax
    replied
    Originally posted by Betty3 View Post
    As Endeavor noted, PDL & CFRA never run concurrently. You might be thinking of FMLA - FMLA runs concurrent with PDL.
    Many thanks for the replies. I meant PDL/FMLA and not PDL/CFRA.

    Leave a comment:


  • Betty3
    replied
    Originally posted by greenmax View Post
    In this period, my job is protected for 4 months from 1st Jan - 30th Apr under PDL/CFRA running concurrently
    As Endeavor noted, PDL & CFRA never run concurrently. You might be thinking of FMLA - FMLA runs concurrent with PDL.

    Leave a comment:


  • Endeavor
    replied
    Originally posted by greenmax View Post
    Thanks for the wishes. I had like to ask another version of my earlier question regarding pregnancy related disability. A quick recap on my situation: I am 14 weeks pregnant with twins with expected delivery date of 7th May. I work for a billion dollar company with thousands of employees in California. I am eligible for CA-SDI. My doctor is inclined to have me go on full time disability from some time in early Jan.

    In the event that this happens, what sort of disability coverage & time off do I get. My understanding is as follows, assuming doctors orders start from 1st Jan and the babies arrive on May 7th via normal delivery

    1st Jan - 7th Jan: Waiting period for disability to kick in
    8th Jan - 7th May: Covered by CA-SDI
    7th May - 17th Jun: 6 Week period after delivery covered by CA-SDI
    17th Jun - 29th Jul: 6 Week PFL after 6 weeks of SDI is over. Runs concurrently with 6 weeks of CFRA
    30th Jul - 9th Sept: 6 more weeks of CFRA to complete 12 weeks.


    In this period, my job is protected for 4 months from 1st Jan - 30th Apr under PDL/CFRA running concurrently and in the 12 week period from 17th Jun to 9th Sept under 12 weeks of CFRA.

    Is this more or less correct. Does the CFRA kick in once the CA-SDI expires on 17th Jun or does it kick in on 1st May when PDL expires.


    Thanks
    Your timeline is correct. However, PDL and CFRA never run concurrently. In your scenario, PDL will run from Jan 1-May 1 (assuming you took no PDL for this pregnancy prior to Jan 1). If you have given birth by May 1, 12 weeks of CFRA will then kick in. However, if you have not given birth by the time PDL runs out, it is up to your employer to allow you to take early CFRA. Different scenarios could play out depending on when you actually give birth and whether you still have PDL remaining at that time.

    SDI and PFL are income replacements while you are on leave, not leave entitlements. You will get SDI while on PDL and PFL on CFRA.

    Leave a comment:


  • greenmax
    replied
    Originally posted by Betty3 View Post
    You're welcome & congrats on the expected twins.
    Thanks for the wishes. I had like to ask another version of my earlier question regarding pregnancy related disability. A quick recap on my situation: I am 14 weeks pregnant with twins with expected delivery date of 7th May. I work for a billion dollar company with thousands of employees in California. I am eligible for CA-SDI. My doctor is inclined to have me go on full time disability from some time in early Jan.

    In the event that this happens, what sort of disability coverage & time off do I get. My understanding is as follows, assuming doctors orders start from 1st Jan and the babies arrive on May 7th via normal delivery

    1st Jan - 7th Jan: Waiting period for disability to kick in
    8th Jan - 7th May: Covered by CA-SDI
    7th May - 17th Jun: 6 Week period after delivery covered by CA-SDI
    17th Jun - 29th Jul: 6 Week PFL after 6 weeks of SDI is over. Runs concurrently with 6 weeks of CFRA
    30th Jul - 9th Sept: 6 more weeks of CFRA to complete 12 weeks.


    In this period, my job is protected for 4 months from 1st Jan - 30th Apr under PDL/CFRA running concurrently and in the 12 week period from 17th Jun to 9th Sept under 12 weeks of CFRA.

    Is this more or less correct. Does the CFRA kick in once the CA-SDI expires on 17th Jun or does it kick in on 1st May when PDL expires.


    Thanks

    Leave a comment:


  • Betty3
    replied
    You're welcome & congrats on the expected twins.

    Leave a comment:


  • greenmax
    replied
    Originally posted by Betty3 View Post
    Yes, they can lay you off if they would have laid you off had you not been on any job protected leave. You would be treated like any other employee.
    Thanks a lot for all the replies. This information is invaluable for me in the next few months. For now, my employers have let me work from home for 3 days/week.

    Leave a comment:


  • Betty3
    replied
    Yes, they can lay you off if they would have laid you off had you not been on any job protected leave. You would be treated like any other employee.

    Leave a comment:


  • greenmax
    replied
    Thanks all for the replies interesting discussion

    I have received an all clear from my doctors to disclose my pregnancy at work & I will be working with them.

    I did not read any specific points about being fired while on disability, so I am assuming that my employer do not need to wait for me to get back from PDL to lay me off. They can do so in the middle of the PDL.

    Leave a comment:


  • Betty3
    replied
    Also under PDL (not just FMLA) an employee needs to submit medical certification that an actual disability exists. Sometimes an employee may qualify for PDL but not FMLA (or CFRA). (& even if an employee qualifies for both, PDL can be up to 4 mos. & FMLA terminates after 12 weeks which runs concurrently with the PDL)

    In this case, it seems OP qualifies for all leaves.
    Last edited by Betty3; 10-12-2012, 01:40 PM.

    Leave a comment:

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