Legal Question in Medical Leave in California
Fmla
The FMLA rules seem pretty open when it comes to extending pregnancy leave beyond the typical 16 weeks allowed by California Disability. There are obvious situations that warrant an extended leave of absence. However, I have an employee 40 weeks into her pregnancy that is already looking for loopholes to combine FMLA with the Ca. Disability to delay her return to work and preserve her job, salary and accrued benefits for as long as possible. Where is the line drawn as far as the newborn ''requiring'' the mother to not return to work?
1 Answer from Attorneys
Re: Fmla
If you employ less than 50 employees you must provide only 16 weeks of California PDL
If you employ more than 50 employees you are covered by both FMLA/CFRA and California PDL. This essentially means up to 7 months of leave. Because, if the child has been born by the end of the four months of PDL, the employee is not disqualified from taking "baby bonding" CFRA time (rather than "medical leave" CFRA time). If the woman is no longer disabled by her pregnancy, childbirth, and/or related medical conditions before the four months of PDL is exhausted, she can then choose to take up to 12 weeks of baby bonding family leave under CFRA.
The interplay between State and Federal leave and disability laws is sometimes daunting for employers. It may be of benefit to review your policies with competent employment counsel. If I can be of assistance, feel free to contact me.
TP
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