Legal Question in Medical Leave in California

Maternity Leave after Disability Leave due to injury

I was injured in 1/03. I went on disability leave from 1/03 to 3/03. During that time I got pregnant. Now I want to take a Maternity Leave from 10/1/03 (due date) to 12/31/03. My employer is telling me I am only eligible for 12 weeks of FMLA every 12 months. Therefore they cannot guarantee me my position when I get back. I thought medical and pregnancy leave were two different things and doea the California Family Right Act of 1993 apply in this case? Thank you.


Asked on 6/05/03, 6:22 pm

1 Answer from Attorneys

Re: Maternity Leave after Disability Leave due to injury

They are two different leaves and you are only entitled to the 12 weeks every two months. You are entitled to pregnancy disablity leave for up to 4 months, but this is controlled by your doctor and does not include "baby bonding time" you have the right to the same or similar position upon your return.

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Answered on 6/09/03, 3:04 pm


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