Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

CFRA & Maternity Leave California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • CFRA & Maternity Leave California

    Hi,
    My 1 year anniversary date with my employer will be on 5/21 and my due date is 5/28. I plan on working up until my 1 year anniversary date but not sure when I will go to labor. (I am in California)


    1. If I do not make it to the 1 year mark, I will only be eligible for the PDL (in this case 6-8 weeks post delivery). Can I come back to work and work the 1-2 weeks to make up the 1 year anniversary and then take off for CFRA? Or does the CFRA only applies if you have been employed for 1 year before you go onto maternity leave?

    2. Since my start date was 5/21/12, do I have to work until 5/20/13 or 5/21/13 to comply with the 1 year to get my full benefits for PDL, PFL, FMLA, and CFRA?

    3. I was hoping to use some vacation time up to my maternity leave of 5/21. My HR said it was okay, but I had to come back to work on 5/21 and work onsite. That way it's more cut and dry when I apply for FMLA and CFRA. Is this true?

    Your help is greatly appreciated. Being pregnant is stressful enough and sometimes I'm not getting all the answers I need.

  • #2
    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.
    (SDI & PFL are not leaves but income you get when out on leave.)

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


    • #3
      Is the FMLA and CFRA met?

      Is the FMLA or CFRA met if I come back from maternity to finish the few weeks I needed to complete my 1 year of being there at the company? Can I then schedule to take the FMLA or CFRA? I would like to bond with the child but worry because I'm only 1-2 weeks short of my 1 year anniversary date at the company...i wasn't sure if this was possible.

      Comment


      • #4
        Once you meet the requirements for FMLA/CFRA, they apply.
        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

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X