Legal Question in Medical Leave in California

Pregnancy Disability and leave under FMLA/CFRA

I started a job in July of 2001. I am expecting a child at the end of June 2002. I am expecting to go out on Disability at the beginning of June through mid-August. I had planned to take an unpaid leave under either the FMLA or CFRA after my disability ended and after I used my remaining vacation sometime toward the end of August beginning of September. My employer is telling me I don't qualify for a family leave because when I go out on disability I will not have been employed for 12 months. Is this correct, or is the 12 month period dated from the actual date of the leave. I will have worked the requisite number of hours. From what I have read, as long as you are ''employed'' for 12 months prior to the date of the leave you are covered under the CFRA and the FMLA. Please advise.


Asked on 4/08/02, 6:27 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Pregnancy Disability and leave under FMLA/CFRA

You are entitled to a total of 4 months of leave for pregnancy in California, and there is no minimum length of service requirement before becoming entitled to that leave.

If you are working full time, you are entitled to four "full time" months. This 4 months includes whatever normal leave that is allowed by your company. If they allow 6 weeks for disabilities, then you are entitled to an additional 10 weeks afterward.

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Answered on 4/10/02, 7:20 pm


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