Legal Question in Medical Leave in California

maternity leave

I was put out on disability 3 months prior to having my baby due to hospitalization. When does Family Leave start? Does it start at the beginning of a hospitalization or after the birth of my child?? And, does Family Leave and disability constitute the same thing??


Asked on 7/27/03, 7:47 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: maternity leave

For now, you do not want to exercise your right to go on family leave. Instead, apply for disability leave. You are entitled to take up to 4 months off for a pregnancy related disability, and then you can use family leave after the baby is born, so you can bond with the baby, assuming you are otherwise eligible. Make sure you get the necessary medical documentation to support your claim for disability.

Inquire of your employer whether you have short term disability insurance. You may also be eligible for state disability.

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Answered on 7/31/03, 12:15 pm


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