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non-profit companies and pregnancy leave California

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  • non-profit companies and pregnancy leave California

    The simple quick question I have is whether the non-profit status of my wife's employer in anyway affects her eligibility for California PDL, FMLA, or CFRA?

    The company definitely employees more than 50 employees in a 75 mile radius and she has worked there several years.

    We are trying to figure out why here employer told her, her leave would be restricted to 2 weeks prior the expected date and 8 weeks after the birth per her company policy.

    As far as I understand it she gets California PDL for the time she is disabled due during her pregnancy usually 4 weeks prior to the due date and about 6-8 weeks after up to 4 months total. This would all depend on the opinion of her doctor of course.

    Then after the PDL time is completed she can receive an additional 12 week CFRA for bonding with our new child.

    If I understand this correctly then her company policy superseded by these statues, unless maybe the fact her company is non-profit has any effect. Can someone review my comprehension of this before we bring this to the attention of her HR rep?

  • #2
    To the best of my knowledge not-for-profits are subject to the same laws (in this regards) as for for-profits and thus she should be entitled to the same leave that would be available if she worked in a for-profit.

    Endeavor is our expert on CA leave laws; if I am mistaken I am sure she will correct me.
    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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    • #3
      What type of nonprofit co. does she work for?

      The PDL (Pregnancy Disability Leave Law) doesn't cover nonprofit religious associations or corporations.
      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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      • #4
        Non-profit status is irrelevant unless we're talking about a religious corporation or association. And even then, CFRA would still apply, but not PDL.

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        • #5
          Agree, believe that is what I said - PDL does not apply to nonprofit religious assoc./corp.
          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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          • #6
            Ymca

            The non profit is the YMCA. YMCA was once the Young Men's Christian Association, but i hardly doubt its a religous organization now. Would you know if this qualifies? And is it just PDL that doesn't apply? What of CFRA and FMLA?

            I just checked and the YMCA in question is a 501c3 not-for-profit if that helps. There mission statment says nothing about religion except that they are all inclusive. I checked the California Government Code and and the California Code of Regulations and I see the sections that say religious nonprofits are not covered as employers for PDL but i don't see how it is determined if the organisation meets that definition.

            If the PDL doesn't cover religious non-profits is there any protection for those disabled by pregnancy in these organizations?
            Last edited by James707; 06-08-2010, 10:41 PM.

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            • #7
              There is no way to know for sure without looking at their articles of incorporation. If they are incorporated as a religious corporation, they are exempt from the FEHA, which includes PDL. CFRA has its own definition of employer and does not exempt religious corporations. Its 501(c)(3) status is irrelevant.

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