Legal Question in Employment Law in California

family med leave act

I have been terminated for evoking my rights under the leave act. I properly filed with EDD. However, i requested that my employer utilize my PTO for additional time off ( newborn in ICU), the havent paid and claim abandonment.

Can you claim time off from FMLA and add additional time from Paid Family leave act totaling 18 weeks that six weeks recieving 50% pay adn 12 weeks w/o pay from employer and EDD?


Asked on 7/31/07, 4:11 am

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

Re: family med leave act

I'm not sure what you are asking, but if you want to know whether you can add 6 weeks time off, in addition to the 12 weeks off for fmla leave, the answer is no. The PDL available through the state is for paid benefits you may receive while out on fmla. It does not extend the time off.

In some circumstances, women can take additional time off for pregnancy related disabilities. These are very fact specific situations, so rather than generalize. it may be in your best interest to review the specific facts of your case with an employment law attorney in your area.

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Answered on 7/31/07, 12:03 pm


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