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California Pregnancy Disability Act California

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  • California Pregnancy Disability Act California

    I was told by my employer I could take 12 weeks leave even though I do not qualify under FMLA. There are about 10 people working at my location in CA and more than 200 at our corporate office in NC. I was advised I could take that leave before or after my pregnancy.
    My question is, I have been having severe lower back problems from sitting all day (I have sedentary office job) and my Ob-Gyn offered to shorten my work hours. If I do that, will my employer force me to take that time off from the 12 weeks? I want to spend as much time as I can with my baby when she is born so if it means suffering until the last day then I will have to suffer. I am at 25 weeks right now so I still have a while to go.
    I was just wondering how the California Pregnancy Disability act worked with FMLA, are they separate? If I take time off using the California Pregnancy Disability Act, can I still take my 12 weeks under FMLA?
    Thank you.

  • #2
    If your employer doesn't have 50 or more employees within a 75 mile radius of your work location, fed. FMLA & Ca. FMLA (CFRA) do not apply.

    Pregnancy Disability Leave-(under Fair Employment & Housing Act)
    An employer must provide up to four months disability leave for a woman who is **disabled** due to pregnancy, childbirth, or a related medical condition. (subject to med. cert.) However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition.
    Eligibility for pregnancy leave-
    A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.
    (This is unpd. job protected leave.) Applies to employers with 5 or more employees.

    The PDL is up to 4 mos. for a pregnancy which makes the employee *unable to work* (does NOT include bonding). For the period of time, you are medically unable to work, you should be able to collect State Disability Insurance.

    This is what is required. Your employer can, of course, if they desire, give you add'l. time off such as for bonding.
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