Legal Question in Medical Leave in California
What should be used first, benefits, state disability, FMLA, pregancy act leave
My job provides us with sick leave and benefits. When pregnancy occurs the women go out on disability due to chemicals that are present in the building. State disablility is started and sick leave and the employer automatically starts FMLA, even though they are disabled based on the chemicals present. Can the employer insist on FMLA being used when it is possible that their environment is causing disability to be accessed as soon as pregnancy occurs? And is the employee still intitled to the pregnancy act in addition to ADA,FMLA,SICK leave(under the benefits)? And if so when should it be taken?
1 Answer from Attorneys
Re: What should be used first, benefits, state disability, FMLA, pregancy act le
Family medical leave cannot be forced on an employee, it is the choice of the employee to take it, but without it, there is no guarantee that that the employer must keep the job open for up to 12 weeks. FMLA is not an exclusive choice. It can be used in conjunction with other benefits afforded by the employer or required by law.
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