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CA Teacher confused California

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  • CA Teacher confused California

    I am a CA teacher, therefore ineligible for and PFL or SDI. I am due at the end of April. Given my 6 weeks of disability, I would have 1 week of school in June that would need to be covered by FMLA. I told my HR that I would want to use 1 week then, and then use the rest in the fall so I can spend some time at home. They were under the impression that you have to use all of the FMLA at once, which would mean the my summer vacation would be my FMLA leave.

    I found this the Dept of Labor website, which states the exact opposite:

    29 CFR 825.601 -
    Special rules for school employees, limitations on intermittent leave.

    Section Number: 825.601
    Section Name: Special rules for school employees, limitations on intermittent leave.
    (a) Leave taken for a period that ends with the school year and
    begins the next semester is leave taken consecutively rather than
    intermittently. The period during the summer vacation when the employee
    would not have been required to report for duty is not counted against
    the employee's FMLA leave entitlement. An instructional employee who is
    on FMLA leave at the end of the school year must be provided with any
    benefits over the summer vacation that employees would normally receive
    if they had been working at the end of the school year.


    Am I interpreting this correctly? That I get my summer vacation with benefits in addition to my FMLA which I can use in the fall?
    HELP!

    Also, I am confused about CFLA and FMLA. My HR said that they run concurrently.
    I was under the impression that FMLA ran concurrent during my 6 wks of disability. Which would then give me another 6 weeks of FMLA. Then, when that was exhausted, CFLA would kick in for 12 wks which = 18 weeks total, 12 weeks unpaid.
    Is this correct? If so, do you have the website that documents this?


    Thanks for your help!

  • #2
    This is NOT!!!!! my area of expertise. I saved a prior answer, probably from this website for my own purposes. The answer might be correct. Might not be correct. I have never researched it. Either way, this is everything that I know on the subject.

    PDL starts when the ee is no longer able to work, and can be up for 4 months. This is for the disability only. It does not allow for bonding time.

    FMLA can run concurrently with PDL. It is for 12 weeks and can be for the ee's disability due to the pregnancy and bonding.

    CFRA is the kicker. It specifically excludes pregnancy as a serious health condition, and so it never, ever runs concurrently with PDL, although it may with FMLA (if there is any remaining time under FMLA after the ee no longer needs PDL). So after the ee has their full release from the pregnancy, they usually have another 12 weeks for bonding. (The only time that this would not be true if if the PDL expired prior to birth, then the CFRA could begin at birth).

    Oh yes, and CA has its own paid bonding time issued by the state. It is PFL, not to be confused with PDL. You have to love CA and its kindness toward pregnant employees!
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      anyone else?

      Great. Thanks!
      Anyone else know about the summer thing I posted about?

      Comment


      • #4
        DAW has it pretty much correct. FMLA and PDL run concurrently, but PDL and CFRA do NOT. So, you are entitled to up to 4 months of PDL for any period of actual disability. Then (assuming you are otherwise eligible), you are entitled to an additional 12 weeks of CFRA for bonding. It's easiest if you just take FMLA out of the picture.

        With respect to the summer vacation, your understanding is correct for CFRA. The regulations state:

        "If a holiday falls within a week taken as CFRA leave, the week is nevertheless counted as a week of CFRA leave. If, however, the employer's business activity has temporarily ceased for some reason and employees generally are not expected to report for work for one or more weeks, (e.g., a school closing for two weeks for the Christmas/New Year holiday or summer vacation or an employer closing the plant for retooling), the days the employer's activities have ceased do not count against the employee's CFRA entitlement." 2 CCR 7297.3(c)(3).

        Further, although the minimum duration for bonding time is 2 weeks, the employer is required to grant intermittent leave for a shorter period of time on any two occasions.

        Also:

        "CFRA leave, including intermittent leave and/or reduced work schedules, is available to instructional employees of educational establishments and institutions under the same conditions as apply to all other eligible employees." 7297.3(d)(2).

        CFRA does not need to be taken all at once. You just have to conclude your leave within one year from the birth.

        So, here, you should be allowed to take the 1 week CFRA after PDL (assuming you are released from disability at this point), go on summer vacation, and then take the remaining CFRA leave in the fall.

        Comment


        • #5
          Hey, it was probably one of your prior answers that I copied in the first place. Whenever I see an answer or an article that looks interesting, I copy it and stick in a e-folder. Then hopefully if I ever care about a particular answer in the future, maybe I will already have it. Or at least enough to point me in right direction on Google.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Originally posted by DAW View Post
            Hey, it was probably one of your prior answers that I copied in the first place.
            Probably, Endeavor is good on the leave laws.
            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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