Legal Question in Medical Leave in California

FMLA and Pregnancy Disability leave concurrent?

My Dr. placed me on disability June 28, at 24 weeks of pregnancy( I worked the entire month except that day). My employer advised that my medical benefits expire September 30 (after 12 weeks) and I will have to pay the premium. Addtionally, they state that pregnancy disability leave is capped at 88 days and runs concurrent with FMLA(12 weeks). They advised that after the 88 days I may not have a job. I am due mid October & certainly the 88 days expire before I even deliver. Can I be penalized for having complications during pregnancy? Then they say I can take 12 weeks CFRA after the 88 days expires. Is this correct?


Asked on 8/21/02, 6:54 pm

1 Answer from Attorneys

Re: FMLA and Pregnancy Disability leave concurrent?

-There are 2 types of leave associated with pregnancy. The first is pregnancy disability leave (PDL) which can last up to 4 months. A woman is placed on PDL when her doctor determines that she is disabled due to pregnancy.

-The second is CFRA or "baby bonding" leave which can last up to 12 weeks provided certain requirements are met.

-These leaves run consecutively.

-As to your insurance, an employer cannot refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions to receive the same benefits or privileges of employment granted by that employer to other persons not so affected who are similar in their ability or inability to work, including to take disability or sick leave or any other accrued leave that is made available by the employer to temporarily disabled employees.

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Answered on 8/22/02, 4:57 pm


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