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Need help deciphering FMLA and CFRA Maternity Leave in California

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  • Need help deciphering FMLA and CFRA Maternity Leave in California

    I have been w. my company for several years and recently inquired w. my hr to get more info on maternity leave. I was very disappointed w. my HR bc they had no handout or information just basically telling me to go to edd.org for more information. When they tried to explain to me how it worked, it was very vague telling me it was different for mothers as scenarios vary?!

    Basically I was told that our company that employs 100+ employees that the way it works is that FMLA (12 wks) kicks in right when I leave for maternity leave and right afterwards I'd be eligible for Paid Family Leave (6wks) and that was it. If I were to take 4 wks prior to giving birth and then 6 wks after birth I would be covered under CA SDI for the full 10wks (which I know is correct) but afterwards the remaining 2 wks of the FMLA would be unpaid and then I can take advantage of the PFL (paid family leave 6wks that is paid by state). Im trying to stretch out my time w. my baby and my HR is telling me 18 wks is MAX I can get at which point I'd have to use my vacation hours.

    My HR made no mention of CFRA. I researched online and saw various info where they say FMLA starts when you first go on disability and then CFRA (12 wks) kicks in when you are discharged from dr at which point you can utilize the PFL 6 wks concurrent during the first half of the CFRA. So I can use the later 1/2 of the CFRA unpaid. I found this CHART that seems to display how I thought maternity leave in CA worked which is somewhat different from what my HR is telling me.

    My question is are FMLA and CFRA 2 different rules that companies can abide by or are they both similar rules where companies can choose to follow one or the other? Is what my hr is saying correct?

  • #2
    It's possible for an employee to get up to 7 mos. of job protected pregnancy leave
    in Ca. though all women will not qualify for the total 7 mos.:
    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 can be invoked for an add'l. 3-mo. leave. (for bonding)

    An employee will not get the total 4 mos. of PDL (pregnancy disability leave) unless
    they are disabled for 4 mos. Also for FMLA & CFRA the requirements for them must be
    met. (Seems they are in your case)

    While off on disability, an employee should get Ca. SDI (state disability insurance) to get paid while off on disability.
    The PFL (paid family leave) pays employee while off on bonding 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.

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    • #3
      emp101, I answered your PM.
      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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