Legal Question in Medical Leave in California

Maternity leave after disability throughout pregnancy.

Due to pregnancy related complications, ''Hyper Emesis Gravidarium,'' my doctor took me out of work in the 9th week of my pregnancy. I am currently on Califirnia State Disability, and unable to return to work until after I deliver in July. I have not received any monies from my employer during this time. I send my employer money each month to maintain my health insurance benefits. After the birth of my child I want to extend my maternity leave beyond the six-weeks covered by State Disability. I understand that this would be unpaid. My employer states that I have allready used up my Family leave Act by being on disability. Am I legally entitled to still take four months additional unpaid maternity leave, and then the 12 weeks of California Family leave act? I want to return to work in January 2003.

Thanks.


Asked on 5/28/02, 2:00 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Maternity leave after disability throughout pregnancy.

It is not clear from your description what has been done so far. You should have taken leave under the Fair Employment and Housing Act, which allows you up to four months leave for a pregnancy related disability. Family leave serves a different purpose, which is to take off up to 12 weeks to bond with a newborn. If you have already exhausted your family leave, you cannot now use leave under FEHA, unless it can be medically documented as a pregnancy related disability.

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Answered on 5/31/02, 1:46 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Maternity leave after disability throughout pregnancy.

There are a few issues here.

First of all, your employer may have been responsible for maintaining your health benefits for up to 12 weeks during pregnancy disablility leave, if they were already paying your insurance.

Next, if your employer has over 50 employees, it is possible that you are entitled to 4 months of pregnancy DISABILITY leave, and an additional 12 weeks of CFRA leave.

Call me if you have further questions.

925-924-0100

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Answered on 5/31/02, 2:15 pm


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