Legal Question in Medical Leave in California

Re: Employer says I have to change FMLA dates

I have some concerns over whether the employer even has to grant FMLA leave. FMLA is the federal equivalent to the CFRA (California Family Rights Act). Each law allows parents who have a newborn to take up to 12 weeks off to bond with their baby. However, these laws are cumulative not consecutive, meaning you can't take 12 weeks off under CFRA and then another 12 weeks off under FMLA.

If you have not used up all of your 12 weeks under CFRA, then you can take the balance of time off under that or FMLA, it makes no difference which law you cite.

Is it posible you were confused and actually took time off under FEHA (the Fair Employment and Housing Act)? This law allows women to take up to 4 months off for a pregnancy related disability. This law does allow women to time off consecutive to CFRA or FMLA.

It is confusing, I know, even to lawyers, much less employers and employees. But you need to keep them straight in order to know what your rights are.

Re: Employer says I have to change FMLA dates

They have to reasonably accomodate your FMLA request. Since you waited so long after birth to request the leave, it is a fair question if making you wait a couple more weeks isn't reasonable under the work circumstances. Had you requested leave to immediately follow birth, no question. You might hire an attorney to help 'persuade' the company in this gray area. Contact me if interested.