FMLA In Californa

[pscott413]

What is the name of your state?What is the name of your state? California

Can someone shed some light on the FMLA process in California. What is the maximum amount of time that an employee take be on leave under FMLA and California Leave ? Is it just 12 weeks or 16 weeks?
I'm so confused.

 

[cbg]

FMLA is for 12 weeks under both Federal and California law as far as I know.

California has a maternity leave law which requires up to four months (16 weeks) of leave. Again as far as I know, FMLA and this state maternity leave can be taken concurrently - i.e you would be on both FMLA and state maternity leave for the first 12 weeks and state maternity leave only for the last four.

 

[pscott413]

Does the pregnancy leave apply to every leave? What I mean is, if the employee is working in California do they always get 16 weeks of time off regardless of the situation?

Do we as a company have to hold their position for the full 16 weeks or only the 12 weeks of the FMLA?

 

[cbg]

Pregnancy leave only applies to pregnancy. No, an employee does not get it in any situation; only if she is pregnant AND the leave is specific to the pregnancy.

If the employee is pregnant, she is entitled to up to 16 weeks of pregnancy leave, assuming that both you and she meet the qualifications for the state mandated leave.

If the employee is not pregnant, then they only have to be offered 12 weeks of FMLA, assuming that both you and he or she meet the qualifications for FMLA.