Legal Question in Medical Leave in California

Paternity leave and SDI or FMLA

My wife is giving birth to our child in December; I am looking into my leave options for that time.

My employer offers FMLA and I have SDI deductions from my pay which I believe makes me eligible for SDI.

My employer has informed me that I can take SDI for the time I would like to take off to ''bond with my new child'' but that under the SDI option my position is not protected. They have informed me that under FMLA it is protected for my return; is this true?

I checked out the bill as written and noted the following;

(f) An individual who is entitled to leave under the FMLA and the

CFRA must take Family Temporary Disability Insurance (FTDI) leave

concurrent with leave taken under the FMLA and the CFRA.

Which makes me confused that maybe if I were to take SDI I would need to take FMLA in concurrance with that SDI leave.

Clarification is appreciated;

Thanks!


Asked on 10/05/04, 1:15 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Paternity leave and SDI or FMLA

The leave laws you reference are not mutually exclusive. The SDI leave was implemented to allow for the payment of a portion of wages while an employee is out on FMLA/CFRA leave. Formerly, such leave was without pay.

FMLA and CFRA specifically allows for leave to be taken to bond with a newborn or adopted baby for up to 12 weeks. An employee's job is protected under these laws. The SDI law simply allows for the payment of a portion of wages for up to 6 weeks. I am unsure whether you, as the father are eligible, because you are not disabled. You should check with the Employment Development Department which administers the benefit.

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Answered on 10/06/04, 5:58 pm


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