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    My employee presented PDL paperwork from doctor on 2/11/11 for leave to start 2/12 through 4/21/11. On that date we employed 46 people so she did not qualify for FMLA/CFRA only PDL and then PFL.
    I have not given my formal paperwork response as yet.
    Today my boss informed me we are hiring 5 people who have been working as contract labor (dont really want to get into contract labor issues right now) as temporary, part time employees today -bringing our total employee count to 51. My question, does this employee now qualify for FMLA/CFRA or does her leave depend on the date of the doctor's request. This changes everything. Our company and she meet all other qualifications for the FMLA/CFRA -we just didn't qualify on the employee number, until today.
    I would like to respond to her ASAP but want to fill out my paperwork correctly as to what leaves she qualifies for and length of time.
    HOw long do we provide her medical insurance for (with her paying her portion)?

    Thank you in advance for your help.

  • #2
    This is not my area of expertise so someone else may have more definitive info, but I did a little research at the DFEH website as an educational exercise.

    Your additional five new employee hires may not matter. According the DFEH website (, "Employers subject to CFRA are those who do business in California and employ 50 or more part-time or full-time employees...". It appears from your post that if you include the part-time contract labor, you were already over the 50 employee threshhold.

    With respect to health insurance during CFRA/Baby Bonding: "If the employer provides health benefits under any group health plan, the employer has an obligation to continue providing such benefits during an employee's CFRA leave. This obligation commences on the date leave first begins. The obligation continues for the duration of the leave(s), up to a maximum of 12 work weeks in a 12-month period."

    The Pregnancy Disability Leave (up to 16 weeks for pregnancy related disability) is separate from the Baby Bonding leave.
    While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.


    • #3
      You also need to look at how many employees you had last calendar year, not just on the date she applied for leave.

      Directly employs" means that the employer maintains an aggregate of at least fifty part or full time employees on its payroll(s) for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase "current or preceding calendar year" refers to the calendar year in which the employee requests the leave or the calendar year preceding this request.
      (2) "Perform services for a wage or salary" excludes independent contractors as defined in Labor Code section 3353 but includes persons who are compensated in whole or in part by commission.

      If she qualifies for FMLA/CFRA, you are required to maintain her insurance for 12 weeks. If she does not qualify for FMLA/CFRA, there is no requirement that insurance be held during PDL.

      Also, PFL is not leave entitlement, it is wage replacement similar to SDI. She will only get PFL if she qualifies for CFRA bonding or you allow her additional time off beyond PDL assuming she's not eligible for CFRA.

      May I suggest that your boss provide you with comprehensive training on FMLA/CFRA/PDL? The law can be complex and it is very easy for employers to mess it up with huge consequences. With the size of your workforce, it could be very helpful.


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