Legal Question in Medical Leave in California
Having a baby
I talked to my HR department and they said that after I have the baby, I have to use up all my Family Health Leave hours and when those are used up I go on FMLA for 12 wks, during the time I'm on FMLA I can get 6 wks of disablitly. The confusion is that my boss said that that's not the way she understood it. She was led to believe that after the baby I can get 6 wks disablitly and THEN do 12 wks of FMLA if I choose (after using my FHL hrs). Who's right?
2 Answers from Attorneys
Re: Having a baby
"Said" vs. "in writing."
Then, take what's in writing to HR and see if a deal that works for you can be worked out.
Re: Having a baby
I'm not clear as to what "Family Health Leave" is in your company. Here is the general rule: California law provides for up to 4 months of pregnancy disability leave (PDL), that is, a leave required by a medical condition related to pregnancy or childbirth, for employees employed by employers with 5 or more employees. If the employer employs 50 or more employees it is also covered by the California Family Rights Act (CFRA). This law provides for leaves of up to 12 weeks for various reasons including �baby bonding� Therefore, if the child has been born by the end of the four months of PDL, the employee may take a "baby bonding" CFRA leave (rather than "medical leave" CFRA time) because she is no longer disabled. Likewise if the employee is no longer disabled by pregnancy, childbirth, and/or related medical conditions before the four months of PDL is exhausted, she can then certainly choose to take up to 12 weeks of �baby bonding� leave under CFRA.
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