Legal Question in Medical Leave in California

FMLA and disability-consecutive or concurrent?

I am having a difficult time receiving a clear answer from my HR department regarding the minimum time my employer must give me in regards to my pregnancy. Specifically, it is not clear whether I can opt to go on state disability for pregnancy (& receive that for 6 weeks or so) and start FMLA after disbility runs out. The difference would be that the minimum I can count on is either 12 weeks (FMLA running concurrent with SDI) or 18 weeks (FMLA running consecutively with SDI). I'd appreciate any advice on this, thank you


Asked on 2/26/04, 5:21 pm

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

Re: FMLA and disability-consecutive or concurrent?

You are entitled to FMLA leave, as a matter of right, for the birth of a child (assuming all other eligibility criteria are met). State disability benefits (SDI)are for being disabled and unable to work.

There is no law, to my knowledge, that allows employees to start FMLA leave after SDI, however, if you are suffering from a pregnancy related disability, you would be covered under the Fair Employment and Housing Act, which permits women to add time off consecutive to FMLA leave.

If requested, you must be able to provide medical certification that a pregnancy related disability exists, to take advantage of this benefit.

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Answered on 2/27/04, 2:08 pm


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