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Pregnancy Leave before 1 year of employment California

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  • Pregnancy Leave before 1 year of employment California

    Hi,

    I will be completing 1 year of employment after 2.5 - 3 months after my due date.
    I was reading about CA pregnancy lawa and I am confused for what I am eligible for?

    1. I am not eligibile for FMLA since i will not be completing 12 months of employment on my delivery date.
    2. Am i eligible for CA-PDL for 4 months ( paid by STD ) and since CFRA doesnt run concurrently with CA-PDL, can I take CFRA after by CA-PDL completes since by then I will complete my 12 months of employment but I will not be able to complete 1250 hours of employment?

    Please suggest.

    Thanks

  • #2
    Sorry, i guess 1250 hours of employment is just 31 days and I am working 40 hours per week, so that I am eligible.

    Please suggest

    Comment


    • #3
      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.

      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.

      PS - PDL applies to employers with 5 or more employees & regardless of length of
      service. Non profit religious associations or corporations aren't covered.
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      Comment

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