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  • California PDL

    I have worked for my employer less than 1 year & had to take unplanned PDL 4 months before due date. I was changed to a 4 day work week the week prior to the leave. Am I entitled to up to 4 calendar months or 88 work days or is it prorated? It is possible that I will not give birth until 4 months or more on leave. Or it could be a problem child birth that also exceeds 4 months needed. Is my employer required to reinstate me? How much notice do they have to give me? What are my job protection rights if I don't return immediately to work after the Dr. releases me from disability? What about accomodations if I return? I work for a manufacturer where the office is upstairs with a steep staircase that could be a problem after childbirth. I now have heart problems related to the pregancy. Does this entitle me to any job protection rights. The company has laid off 20% and reduced hours 20% of the workforce with more restrictive measures likely to come. To be honest, my previous position is unecessary until business improves. Hoe does that effect my job security? Help! I need to be able to relax & take care of my baby & my own health but I need a job.

  • #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.

    In order to get FMLA/CFRA (for bonding) you have to meet the requirements: Your employer has 50 or more employees within a 75 mile radius of where you work, you have worked for your employer for at least 12 mos. (do not have to be consecutive) & you have worked for your employer at least 1250 hrs. in the 12 mos. immediately preceding the leave.

    You should also be eligible for Ca. State Disability Income benefits (while you are off on Ca Pregnancy Disability Leave). This is not leave - just income while you are off on leave & disabled.

    You can also get PFL (*Paid* Family Leave) but only when you get time off/qualify for time off for bonding. This is not actually leave but income while you are off on leave.

    You noted your employer is laying off employees & reducing hours. Even if you are off on protected job leave, you can be laid off (or have yours hrs. reduced when you return) if you would have been laid off or had your hrs. reduced had you not been on job protected 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
      Originally posted by Betty3 View Post
      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.

      In order to get FMLA/CFRA (for bonding) you have to meet the requirements: Your employer has 50 or more employees within a 75 mile radius of where you work, you have worked for your employer for at least 12 mos. (do not have to be consecutive) & you have worked for your employer at least 1250 hrs. in the 12 mos. immediately preceding the leave.

      You should also be eligible for Ca. State Disability Income benefits (while you are off on Ca Pregnancy Disability Leave). This is not leave - just income while you are off on leave & disabled.

      You can also get PFL (*Paid* Family Leave) but only when you get time off/qualify for time off for bonding. This is not actually leave but income while you are off on leave.

      You noted your employer is laying off employees & reducing hours. Even if you are off on protected job leave, you can be laid off (or have yours hrs. reduced when you return) if you would have been laid off or had your hrs. reduced had you not been on job protected leave.
      Thankyou. This is very helpful. I have another question. I am having a difficult pregnancy & am on physician ordered bed rest until delivery. It doesn't sound like the PLA or SDI offer job protection and I do not qualify for the others. If I do not return to work, or am not able to work the same hours, after I am no longer considered disabled by my physician, or having exceeded the 4 month limit, when will my job protection expire. And am I required to show proof of the Dr's release from disability status to my employer? I aapreciate your help. I know that the health of the baby should be my top concern, but I can not afford to lose my job. I have a good employer, but they are small & in this economy they really have no choice but to cut expenses wherever possible.I am certain that any mistake in timing or interpretation will result in losing my job.

      Comment


      • #4
        If you don't qualify for FMLA/CFRA, then you only get up to 4 mos. total for pregnancy disability leave. After that, your job is no longer protected.

        Before returning to work, yes, your employer can require you to provide from your dr. a fitness for duty report.
        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


        • #5
          Originally posted by Betty3 View Post
          If you don't qualify for FMLA/CFRA, then you only get up to 4 mos. total for pregnancy disability leave. After that, your job is no longer protected.

          Before returning to work, yes, your employer can require you to provide from your dr. a fitness for duty report.
          Thank you. You have been very helpful. It is not what I wanted to hear although I did expect it would be like that. I will try to remain optimistic that my employer will hold my job..

          Comment


          • #6
            When is your one-year anniversary? Does it fall while you will be out on PFL? If so, at that time you may qualify for FMLA/CFRA providing that you have reached 1,250 hours and your employer is an qualifying employer under the statute.

            Comment


            • #7
              Originally posted by HR/DisMgr View Post
              When is your one-year anniversary? Does it fall while you will be out on PFL? If so, at that time you may qualify for FMLA/CFRA providing that you have reached 1,250 hours and your employer is an qualifying employer under the statute.
              Unfortunately my Hire date was 6/13/08 and I went on disability suddenly on 11/14/08. And the baby is not due until March 15, 2009. I think I am truly out of luck here.

              Comment


              • #8
                You noted in your post of 7:49pm yesterday that your employer was small. If they have less than 50 employees within a 75 mile radius of where you work, you wouldn't be able to qualify for FMLA/CFRA anyway.

                Take care of yourself & the coming baby. Good luck.
                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


                • #9
                  Originally posted by HR/DisMgr View Post
                  When is your one-year anniversary? Does it fall while you will be out on PFL? If so, at that time you may qualify for FMLA/CFRA providing that you have reached 1,250 hours and your employer is an qualifying employer under the statute.
                  Did you mean while out on PDL (pregnancy disability leave)? PFL (Paid Family Leave) is not actually leave or protected leave but income while out on bonding leave. (If CFRA applied, could take it for bonding leave/job protection & get paid under PFL.)

                  OP doesn't qualify for FMLA/CFRA anyway though.
                  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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