Legal Question in Medical Leave in California

Fmla

Can I use my FMLA intermitently? Can I request to work four days a week instead of 5 until I use the remainder of my FMLA time? I had a baby and still have a few weeks left. I'd like to work less so that I can stay home with my newborn son. My employer is saying that they have to agree to it. I'm wondering if I can take one day a week off even if they deny my request? Also, it is my understanding that FMLA time is in addition to your paid sick days. They are saying my sick days

were the beginning of my FMLA (for maternity disability).


Asked on 7/26/07, 9:03 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Fmla

Yes FMLA leave can be used intermittently. Bonding time with a newborn is a valid reason for an FMLA leave. Generally sick leave pay is used as part of an FMLA leave or maternity disability leave to allow for payment for some of the time off - it does not generally combine with FMLA/CFRA leave to allow for longer than 12 weeks provided under the FMLA/CFRA. That being said, in California, you are entitled to up to 4 months leave for a maternity disability. If your employer employs 50 or more employees, it may also be covered by the FMLA/CFRA. These leave laws will provide up to 12 weeks of additional leave, including baby bonding time, for a total of 7 months. If your employer does not employ 50 or more employees, you are still entitled to 4 months which can only be used intermittently if it is due to a pregnancy disability.

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Answered on 7/27/07, 6:46 pm


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