Legal Question in Medical Leave in California
fmla/cfra and pdl
I currently have fmla granted for a serious health condition I was pregnant and went on leave for the birth of my child and upon coming back to work was told i was out of fmla time because the time I was out for the birth of my child. The California laws confuse me. I just need to know if the 6 weeks I was off for the birth of my child runs concurrently with my 12 weeks allowed for my fmla time for my other seriuos health condition.
3 Answers from Attorneys
Re: fmla/cfra and pdl
It depends. If your serious medical condition is related to the pregnancy, then you get additional time under California's pregnancy disability leave law. You would want to argue that given your other serious medical condition, your pregnancy was complicated, thus qualifying you for pregnancy disability leave -- to run consecutively to the CFRA. I don't know if you can make that argument, without knowing the specific facts. . .
Re: fmla/cfra and pdl
You should be able to have them run consecutive if the medical facts dictate. Make a written request and document the facts and reasons. Contact local counsel for help.
Re: fmla/cfra and pdl
Under the FMLA and its California equivalent, the Family Rights Act, eligible employees may take up to a total of 12 weeks off for the birth of a baby or for a serious health condition within a 12 month time period. This time runs consecutively. If you only took off 6 weeks for maternity leave, you still should have 6 weeks available to recover from your serious health issue.
Incidently, if the health issue is related to your pregnancy, you may take up to 4 months off, in addition to the FMLA time already taken, under the Fair Employment and Housing Act.
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