Legal Question in Medical Leave in California

Re: Cancer + pregrancy + termination = FMLA, CFRA, STD

You and she have my sympathy, my family has 'been there, done that' personally, and we're currently living a day at a time.

Unless extended by the company leave policies, the laws only protect her for a FMLA/CFRA 12 week medical leave, thereafter she can be terminated. Any disability insurance can be used thereafter [make sure she applies asap], or she can go onto state disability. She wouldn't qualify for unemployment until released to return to work.

The rights and benefits as an eligible FMLA employee:

�12 weeks of unpaid FMLA leave in a 12-month period.

�continuation of group health benefits during FMLA leave.

�restoration to the same or an equivalent job upon return to work.

�retention of accrued benefits.

�protection from discrimination as a result of taking FMLA leave.

It will take another 12 months employment before qualifying for another leave.

However, you could argue that she was entitled to 4 months of pregnancy leave under FEHA, before the start of the 12 week FMLA/CFRA medical leave. It's worth a shot, although you are now trying to do so after the fact. If you told the employer about the pregnancy, you can argue they had notice and were required to categorize the leave as pregnancy based, opening the door to taking medical leave after that.

You may be able to negotiate with the company to get 'special treatment': it happens. You could agree to some kind of salary offset plan, use of future leave benefits, or anything your creative mind can come up with. Play on their 'touchy, feely HR policies and statements, play for sympathy. Ask HR women how they would like to be treated in the same situation. Do whatever you can to avoid loss of job, as she'll have 'difficulty' getting another with that medical history.

Based on experience, she is unlikely to released to return, nor would she be physically able to return, for quite some time after completing radiation and surgery. Some unpleasant days are ahead of her if she goes that route, but they are survivable.

Oncologists simply 'burn, cut, and poison' the cancer; they seldom give any thought to prevention of damage, or treatment to rebuild the body from the damage they do. Start researching how you're going to help her survive with immune system boosting and other 'alternative/natural' medicine and supplementation. There are things that work. There are alternatives to the standard cancer treatment. research IPT 'insulin potentiated treatment' before she starts standard treatment. Contact me privately if interested in a couple personal suggestions for your research.