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Bonding leave eligibility under FMLA California

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  • Bonding leave eligibility under FMLA California

    I joined my employer (in California)in May 2008 and had my baby in Nov 2008 and took about 10 weeks of disability leave.
    My HR informed me that at that time I was ineleigible for FMLA as I had not completed 1 year / 1250 hours. I returned to work in Feb 2009 and in May 2009 completed 1 year / 1250 hours of employment.

    My HR informs me that I will still not be eligible for Paid Family leave under FMLA as the birth event occured when I was ineleigible for FMLA (1 year of employment).
    Is that correct?

    I will really appreciate a prompt response as I feel that I really need to spend some time with my new born.

  • #2
    What method does your employer use to compute the 12-month period for eligibility? There are four:

    1. Calendar year
    2. Fixed year (fiscal year, year starting on anniversary date)
    3. 12-month period starting from the date an employee's first FMLA/CFRA begins
    4. Rolling year measured backward from the date an employee uses any leave

    Depending on what year your employer uses, you may not be eligible for any additional leave at this point.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      There's a lot of different leaves. PFL (Paid Family Leave) is about payment for a leave taken from work. It is a form of insurance, not a form a leave, and the benefits are directly from the government, not your employer, although your employer will recieve forms from the state to fill out. For that, you simply have to submit your claim to EDD.

      Here's a flyer from the EDD site on the benefits.

      You might be referring to CFRA Here's a basic pamphlet. Which is California specific protected leave that can be taken during the first year of your child's life. Is that what you're looking for?

      The requirements for CFRA are the same as FMLA, one year, 1250 hours, 50 employees, but it is time in addition to PDL, which you've already taken it sounds like.

      Comment


      • #4
        I think they use #2 Fixed year (fiscal year, year starting on anniversary date)

        My HR said that i was qualified for FMLA now since I've completed a year but not bonding leave [/COLOR]under FMLA as the birth event occured outside the 1 year eligibility period. Is there any such rule?

        Originally posted by Marketeer View Post
        What method does your employer use to compute the 12-month period for eligibility? There are four:

        1. Calendar year
        2. Fixed year (fiscal year, year starting on anniversary date)
        3. 12-month period starting from the date an employee's first FMLA/CFRA begins
        4. Rolling year measured backward from the date an employee uses any leave

        Depending on what year your employer uses, you may not be eligible for any additional leave at this point.

        Comment


        • #5
          I agree with the previous poster that you should really be looking at CFRA, not FMLA. You may need to call the Department of Fair Employment and Housing to get the answer to your question. I can't find anything on their website that addresses your specific issue.
          I am not able to respond to private messages. Thanks!

          Comment


          • #6
            Originally posted by pri_sash View Post
            I think they use #2 Fixed year (fiscal year, year starting on anniversary date)

            My HR said that i was qualified for FMLA now since I've completed a year but not bonding leave [/COLOR]under FMLA as the birth event occured outside the 1 year eligibility period. Is there any such rule?
            Since you are now eligible for CFRA, you can take your bonding leave within one year from the birth of your child. Meaning, your leave must conclude in or before November 2009. It does not matter that you only became eligible in May. Once you are eligible, you are entitled to take it.

            And by the way, your employer should be giving you information about CFRA, not FMLA. Particularly with pregnancy, the rules are different.

            Comment


            • #7
              & while out on CFRA, you can receive income under the PFL (Paid Family 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

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              Comment

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