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CFRA clarification California

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  • CFRA clarification California

    I work in CA and my employer headquarters (including HR) in is OR. I qualified for FMLA/CRFA.

    I'm current on maternity leave. I emailed my return to work date with 30 day notice to HR.

    Two weeks later my HR responded that my CFRA had expired over a month ago. They did not give me any notice of this, however our dates do not align.

    HR says CFRA begins the date my baby was born.

    From all I have read and researched, CRFA begins when SDI ends.

    Who is correct?

    Baby was born 3/19/16 by natural birth so I received 6 weeks of SDI, then 6 weeks of PFL (which is CFRA would begin) followed by 6 weeks of unpaid leave with protection under CFRA. So I would have job protection under CRFA until 7/23/16, correct?

    Also, let's say she is correct and my CFRA expired June 11 (which is what she is saying) does she legally have to give me some kind of notice?

    Thank you in advance.

  • #2
    This is how it works in Ca.
    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

    PFL pays you income while on leave for baby bonding. SDI pays you income while you are disabled from pregnancy.

    ****PS - When an employee is no longer disabled under PDL (can get up to 4 mos.), she can then get up to 12 weeks add'l. for baby bonding under the CFRA. (CFRA for bonding starts when you are no longer disabled under pregnancy disability leave (PDL) - doesn't start when baby is born.)
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