Legal Question in Medical Leave in California
CA PDL and CFRA
If an employee exhausts the 4 months of PDL and the 12 weeks of FMLA before she gives birth, can the 12 weeks of CFRA baby bonding begin when she gives birth?
1 Answer from Attorneys
Re: CA PDL and CFRA
The CFRA expressly excludes an employee's incapacity due to pregnancy, childbirth or related medical condition from the definition of �serious health condition� under the CFRA.
In determining an employee's eligibility for a CFRA leave immediately following a pregnancy disability leave protected jointly by the PDLL and FMLA, the 12�month period during which she must have worked 1250 hours is the period immediately preceding the first day of FMLA leave based on pregnancy disability, not the first day of the subsequent CFRA leave for reason of the birth of the child. [2 Cal.C.Regs. � 7297.0(e)(2)]
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