CFRA/FMLA Concurrent

[baby_in_june]

CFRA and FMLA both have the one year tenure, 1250 hours worked in last year, 50 employees within 75 miles requirements.

PDL does not. Theoretically, an employee could hired the day before her baby was born, and and take a job protected leave for the next six weeks before she even worked an hour.

Hi Megan, my HR is not very helpful either, in fact they'd outsourced to AON and they don't handle CA-related questions so it's for me to figure out. I'm confused on FMLA/CFRA running concurrently. I've read in many places that they do. I'm eligible for both and don't understand why I need to have them run concurrently? Why can't I have FMLA finish and then start on CFRA thus maximizing my leave?

Also, can I start CFRA any time I want after STD is done? And I can take it any time within the first year intermittently? Is that correct?

Thanks so much!!!!

[Betty3]

baby_in_june, you should have started a new thread with your question. You posted your question to another poster's old thread. I will start a new thread for you.

[Betty3]

This is how it works in Ca. "if/when" a pregnant employees qualifies for all available leaves (PDL, FMLA, CFRA)

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. Ca. employees are entitled to leave under PDL regardless of the length of employment or hours worked. Most employers with 5 or more employees are subject to PDL.


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.

Here's a link that will take you to all the leaves:
http://www.las-elc.org/help-leaves.html

[Betty3]

I'm eligible for both and don't understand why I need to have them run concurrently? Why can't I have FMLA finish and then start on CFRA thus maximizing my leave?

Also, can I start CFRA any time I want after STD is done? And I can take it any time within the first year intermittently? Is that correct?

Your first questions I answered/explained in my post above -- how FMLA/CFRA work with pregnancy disability leave & bonding leave.

I didn't "specifically" answer your other questions - I'll go ahead & do that in case you're still not sure how that works. .....CFRA: there's no requirement that the employer agrees to intermittent leave for baby bonding; basic minimum leave duration is two weeks for baby bonding leave but the employer must grant a request for leave of less than two weeks duration on any two occasions; any leave(s) taken shall be concluded within one year of the birth of the child. You can start baby bonding (CFRA) anytime after your pregnancy disability leave/disability income ends (when you are no longer disabled).

[baby_in_june]

CFRA/FMLA concurrent

Your first questions I answered/explained in my post above -- how FMLA/CFRA work with pregnancy disability leave & bonding leave.

I didn't "specifically" answer your other questions - I'll go ahead & do that in case you're still not sure how that works. .....CFRA: there's no requirement that the employer agree to intermittent leave for baby bonding; basic minimum leave duration is two weeks for baby bonding leave but the employer must grant a request for leave of less than two weeks duration on any two occasions; any leave(s) taken shall be concluded within one year of the birth of the child. You can start baby bonding (CFRA) anytime after your pregnancy disability leave/disability income ends (when you are no longer disabled).

That's very helpful, thank you. How do I apply for CFRA? I believe once my disability is done I'll be automatically getting Paid Family Leave info, does CFRA application come with that? I haven't been able to find a website or phone number for the organization that manages CFRA, would you happen to have it?
Also, I know a lot of people combine CIFRA and PFL to get paid and job protection together but there's no rule that I have to take them concurrently?

[Betty3]

That's very helpful, thank you. How do I apply for CFRA? I believe once my disability is done I'll be automatically getting Paid Family Leave info, does CFRA application come with that? I haven't been able to find a website or phone number for the organization that manages CFRA, would you happen to have it?
Also, I know a lot of people combine CIFRA and PFL to get paid and job protection together but there's no rule that I have to take them concurrently?

The link I posted above explains all the various leaves & income available while on leave in Ca.

When you take CFRA (job protection) for baby bonding, you can apply for PFL to receive income up to 6 weeks while on bonding leave. PFL isn't really leave - it's income you get while on leave.

See the link below re filing a claim for PFL - if you are receiving DI pregnancy-related benefits, it is not necessary to request a claim form for Paid Family Leave Benefits. You will automatically be sent a claim Form for Paid Family Leave (PFL) Benefits -
when your pregnancy-related disability claim ends. The employer also has the choice to require an employee to use up to 2 weeks of accrued vacation before filing for/using PFL.

http://edd.ca.gov/Disability/PFL_How...le_a_Claim.htm (The Ca. EDD handles all questions re PFL & also SDI.)

Re CFRA (for baby bonding time off) - you notify your "supervisor" & complete required forms. See link below re notifying employer for any leaves etc. (note #9 in particular)

http://www.las-elc.org/factsheets/leave-pregnancy.html

(The Ca. Fair Employment Housing Commission (FEHC) handles questions on PDL & CFRA.)

[Betty3]

Any forms you need to complete your employer should have, the Ca EDD or the Ca FEHC depending on what you need the form for.

The US DOL handles federal FMLA just for your info.