Legal Question in Medical Leave in California

FMLA, CFRA and PDL

If a woman in California who is eligibe for FMLA, CFRA and CA-FEHA goes on Pregnancy Leave Oct. 15 and delivers on Nov. 16, when does her FMLA, CFRA and CA-FEHA run out and when must she return to work?


Asked on 1/13/02, 1:43 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: FMLA, CFRA and PDL

The answer depends on your medical needs. While, FMLA and CFRA allows women to take up to 12 weeks off for childbirth, the FEHA allows another 4 months off, but only if the reason is for a pregnancy related disability the mother is suffering from. You cannot use this time simply to stay home with the baby. Employers can ask for medical documentation to verify the need.

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Answered on 1/16/02, 12:38 pm


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