Legal Question in Employment Law in California

baby-bonding

We use a calendar year to determine FMLA/CFRA leaves.

As such, is an employee then entitled to take a 12 week period for baby-bonding, in two different years (total 24 weeks), so long as the child has not yet attained one year of age? Ex: baby born August, 2005 - 12 weeks in 2005 and 12 weeks in 2006, so long as it is before August, 2006?

Also, can CFRA specifically be invoked for baby-bonding at the time of the baby's birth -

1.) regardless of whether or not the mother has exhausted all of her PDL and/or,

2.) regardless of whether or not the mother continues to be disabled by the pregnancy

Thank you.


Asked on 5/22/06, 2:15 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: baby-bonding

Under the Family and Medical Leave Act (FMLA), women are allowed to take up to 12 weeks off to bond with their baby immediately after birth, IF, they have been with the company for at least one year on a full-time basis, and if the company has 50+ employees.

State and federal laws require that most employers allow women up to 4 months off for a pregnancy related disability, regardless of how long they have been employed, only IF your doctor rates you as disabled.

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Answered on 5/26/06, 7:59 pm


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