Legal Question in Medical Leave in California
Pregnacy Disability Act
Is the Family Medical Leave and California Family Right Act the same as Pregnacy Disability.
If the employee has been working less that 1 year and does not meet the hours required for FMLA OR CFRA. Does the Pregacy Disability give the right to take time off for 12 weeks ?
Asked on 11/22/02, 5:38 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Pregnacy Disability Act
These laws are different. Under the California Fair Employment and Housing Act, a woman may take up to 4 months off for a pregnancy related disability. There is no requirement that the woman be employed for any length of time. However, she must be prepared to produce medical documentation to support the fact that a pregnancy related disability requires time off work.
Answered on 11/29/02, 1:36 pm