Legal Question in Employment Law in California

Pregnancy Leave

My wife is employeed by a large bank in Califonia. She has requested to take 4 months of pregancy leave after the birth of her baby. The company informed her she is only entitled to 3 months of job protected leave, and anything after is not job protected. Does CFRA allow for four months? Does the six weeks of state disability count against the time CFRA allows? What is the maximum time she can take job protected leave?


Asked on 5/02/03, 3:40 pm

3 Answers from Attorneys

Re: Pregnancy Leave

She is entitled to up to four months pregnancy disability leave - this usually runs concurrent with her state disablity pay; and up to 12 weeks unpaid 'baby bonding' leave, provided she qualifies.

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Answered on 5/07/03, 12:42 pm
Terry A. Nelson Nelson & Lawless

Re: Pregnancy Leave

she should be able to take the 12 weeks pregnancy leave, plus any disability leave ordered by doctors per CFRA. Contact me if she wishes to discuss having counsel represent her in persuading them to provide the leave and not retaliate.

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Answered on 5/07/03, 6:16 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Pregnancy Leave

The CFRA specifically allows for 12 weeks off to bond with the baby. The 4 months you may be thinking of refers to the time a woman may take off for a pregnancy related disability. This disability should not count against CFRA leave.

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Answered on 5/06/03, 10:03 pm


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