Legal Question in Medical Leave in California

Fmla & cfra

I need your help wise one.... I'm having difficulty working through some baby bonding issues with an associate, and I can't find anything that states that CFRA and FMLA are not concurrent.

I have an associate who went out on PDL/STD 12/9/07

She has already had the baby, but is still out due to pregnancy related complications. Her Dr. releases her to work 3/4/08. (that's 12 weeks and 3 days)

Now she wants to bond with the baby, what does that fall under or has she used up all her leave?


Asked on 2/19/08, 5:04 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Fmla & cfra

If your company is covered by CFRA and FMLA,(50 or more employees) your employee is entitled to both Maternity leave (4 months) and as well bonding leave (12 weeks).

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Answered on 2/19/08, 5:35 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Fmla & cfra

To expand on Mr. Pavone's response, women are permitted up to 4 months off for pregnancy related medical conditions, under Cal. Gov't. Code, section 12945. This is in addition to the 12 weeks off for baby bonding under the CFRA or FMLA.

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Answered on 2/19/08, 5:57 pm


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