Legal Question in Medical Leave in California

4 month maternity leave?

I work at a private non-profit school in San Francisco in administration. I have been on a 3 month paid maternity leave which ends this Monday.

For the past week we have been negotiating my return on a part-time basis and my boss has made it very difficult for me, expecting me to agree to negotiations the same-day without talking to my spouse and telling me ''it doesn't look good'' because we can't agree on the exacts of my new reduced part-time status.

She's now saying I must tell her today if I accept her offer and as I'm still assessing the offer including some information that wasn't provided by the employer ie working part-time what would be my exact benefits..I can't decide.

Do I have the right to take an add'l month (or even more) unpaid under FMLA or CFRA? And if so, how do I go about it and what are my rights and benefits during that period?

Please help!

Asked on 2/08/02, 9:22 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: 4 month maternity leave?

You may be eligible for additional family leave if you meet all the requirements, such as having worked at least 1250 hours within the prior 12 months of employment with the employer and if the employer has at least 50 employees within a 75 mile radius of the worksite. You must request family care leave, preferably in writing, which the employer must then confirm in writing, guaranteeing employment in the same or similar position as when you left. You will not be paid, however, though you may exhaust any accrued vacation or sick pay you earned.

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Answered on 2/19/02, 12:21 pm

Ken Koenen Koenen & Tokunaga, P.C.

Re: 4 month maternity leave?

You may be entitled to 12 weeks after the birth of your child, under CFRA. CFRA and FMLA do not run concurrently. There are other restrictions, such as number of employees the employer has and the length of time you have worked for the employer.

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Answered on 2/19/02, 1:56 pm

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