Legal Question in Medical Leave in California
Disability or Fmla
Should my preganancy have no complications, by law am I entitled to 12wks leave? Company employs more than 50. Is it disablity I collect or Fmla, or can I collect both?
Asked on 11/06/03, 1:26 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Disability or Fmla
If you meet all of the criteria under the FMLA, or its California equivalent, you may take up to 12 weeks off to bond with your baby. No disability is necessary for this.
Additional time may be taken (up to 4 months) for a pregnancy related disability, meaning you are unable to work. If disabled, you may be eligible for disability benefits. Under the FMLA, the employer does not have to pay you for time not worked, but you may exhaust your vacation and sick leave accrued.
Answered on 11/06/03, 9:41 pm
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