Legal Question in Medical Leave in California

Additional Time Off

Does a federal government employee (ex: U.S. Postal Service) who lives and works in the state of California have an entitlement to any additional time off for the birth of a child without fear of reprisal from the employer other than what is covered by FMLA? I have recently become aware of the California Family Right Act of 1993 which would allow for additional time off but I think that federal government employees would be exempt from this law in the same way that they are exempt from state disibility.


Asked on 3/15/03, 7:48 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Additional Time Off

The California Family Rights Act is the State equivalent of the federal Family Medical Leave Act. Time off is not cumulative, so you cannot add the two together. However, there is a federal law that allows you to take up to 4 months off for a disability related to pregnancy. Therefore, if your doctor can certify the medical need for time off, you may be able to add this to the 12 weeks permitted under the FMLA.

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Answered on 3/19/03, 12:22 pm


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