Legal Question in Medical Leave in California

fmla and state disability to different things

my wife was having some medical problems

in march2006. Her job told her she needed to apply for fmla because her doc reduced her work hours. Since then she became pregnant and the doc's have taken her of work since December 2006 due to back pain but it's not from the pregnancy. her job has just told her that in march her fmla will run out . Her doctor told her that in march he would put on maternity leave because the baby is due in April . She has been receiving state disabilty payments ,and her company pays the the difference since December so is she using her fmla benefits or is she using her state disabilty benefits. and does she still get 12 weeks off after the baby is born


Asked on 2/17/07, 6:44 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: fmla and state disability to different things

A qualified employee may use up to 12 weeks of FMLA leave within a 12 month period. Pregnant employees may take up to an additional 4 months off for a pregnancy related disability. Whether your wife is able to take the additional disability time off depends on the nature of her medical condition. This is something she should be working closely with her doctors on and there should be clear communication with her employer about the reason why she needs more time off, if it is a pregnancy related disability.

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Answered on 2/19/07, 4:21 pm


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