Legal Question in Medical Leave in California

FMLA/ CFRA Benefits Protection

I live and work in California and am pregnant. I have been a full time employee for nearly 5 years and know I qualify for up to 12 weeks and FMLA and then an additonal 12 weeks of CFRA. My question is, is my employer required to continue my health benefits coverage for both the period under FMLA and CFRA or is their obligation over after the first 12 weeks under FMLA? Is it required that I receive 24 weeks of benefits protection?

Asked on 12/06/07, 5:01 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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Re: FMLA/ CFRA Benefits Protection

CA businesses with 5 or more employees are required to allow up to 4 months of FEHA pregnancy leave. If the employer is covered by the FMLA/CFRA, up to an additional 12 weeks of leave is available. Both include benefits. If you are refused this, feel free to contact me for legal help.

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Answered on 12/07/07, 2:13 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum
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Re: FMLA/ CFRA Benefits Protection

You are almost correct, but not quite. Assuming you are eligible, you may take up to 16 weeks off for any pregnancy related disability under the FEHA, plus the 12 weeks under FMLA or CRFA, for bonding with the baby. The employer must provide your medical benefits during the entire time off. You cannot take the 12 and 12, consecutively, for both FMLA and CRFA

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Answered on 12/06/07, 6:25 pm

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