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California Disability leave FMLA/bonding time question California

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  • California Disability leave FMLA/bonding time question California

    I am wondering if anyone knows how much time you can take off of work after the birth of your baby in the state of California. What does the first 6-8 weeks of recovery time fall under? FMLA Or PDL? then after you recover from birth is is considered FMLA and you get 12 weeks of bonding time of which 6 is paid for. I am trying to calculate how much time I actually qualify for after the birth of my child. My employer cannot answer the questions I'm asking and I need help so that I can take the legal maximum time off with my baby.

  • #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.)
    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
      So if I take 4 weeks off prior to delivery then that counts as PDL/ FMLA, right. Then does the 6 weeks recovery time after the birth count as PDL too,which runs concurrently with FMLA ? Then I'm entitled to another 12 weeks off under just FMLA/CFRA of which 6 are paid family leave under SDI benefits and 6 are not? So if I'm calculating right( hope I am &#128515 I can get off a total of 18 weeks of job protected leave after the baby is born? This is so confusing to me..

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      • #4
        If one qualifies for FMLA/CFRA/PDL, it runs like this:

        PDL starts when the employee is no longer able to work, and can be up to 4 months. This is for the disability only. It does not allow for bonding time.

        FMLA can run concurrently with PDL. It is for 12 weeks and can be for the employee's disability due to the pregnancy and bonding.

        Then there is CFRA- It specifically excludes pregnancy as a serious health condition, and so it never, ever runs concurrently with PDL, although it may with FMLA (if there is any remaining time under FMLA after the employee no longer needs PDL). So after the employee has their full release from the pregnancy, they usually have another 12 weeks for bonding under CFRA. (The only time that this would not be true if if the PDL expired prior to birth, then the CFRA could begin at birth).

        While an employee is disabled they should be able to get Ca SDI.
        PFL pays the employee for up to 6 weeks during 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.

        Comment

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