Prenancy Disability FLMA/CFRA

[holly29]

What is the name of your state (only U.S. law)? California


Thank you in advance for any help, comments and advice.

I'm pregnant and have been reading through the Family Care Leave Policy for my job regarding my allowed time off for my baby when she arrives. It states "Any period of incapacity because of pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.)

I googled the CFRA and was referred to a site of "Family and Medical Leave Act and California Family Rights Act." It states "The purpose of FMLA/CFRA is to allow eligible employees to take a job-protected leave for these reasons....3) The birth or adoptions of a child**************.

From what I stated above should I not be eligible for both the pregnancy disability leave along with FMLA and CFRA if I wanted? Being 4 months of leave for the disability maternity and then the 12 weeks allowed from FMLA/CFRA?

Another thing I'm confused about, from my understanding FLMA says that because my husband and I are legally married and work at the same company that the 12 week leave is combined (6/6), that we can not each take 12 weeks. (A good friend who happens to be a family practice doctor has told me this is incorrect but I can not find were it is stated) What doesn't seem to make much sense to me is that even though my husband and I work at the same company but do different jobs in different departments that do not depend or rely on each other work performance that we are not allowed to take the same leave. If we were not married then we both would be eligible for our own 12 week leave.(?) How is it FLMA can discriminate against two people being married therefore having to split the time off allowed?

I'm sorry if my message is a bit confusing but this is the first time I've had to look into this and would like to understand it to the best of my ability before going to HR. I just want to plan everything out as best as I can in advance.

Thanks again for your advice.

 

[Isis1]

this is how i understood it, to justify the leave, no one other then the person taking leave is able to care for the child. since you are both taking leave, one or the other is available to take care of the child while the other works.

i could be wrong, but that's how i understood it. wait for other replies.

 

[ecmst12]

Under federal law, I am pretty sure that both parents can take 12 weeks, but rarely do because what family can afford to have BOTH parents on unpaid leave for that long? I don't doubt though, that the CA disability plan only covers 6 weeks for each parent. That is more then enough time for mom to recover from her physical disability (unless there were complications) and both parents to get some bonding time.

Your disability time runs concurrently with FMLA. In CA, there MAY be job protection beyond the 12 weeks under federal law, but I don't think it would extend as far as 7 months.

 

[cbg]

Under FMLA, if husband and wife work for the same company, they are entitled to 12 weeks BETWEEN THEM, not 12 weeks apiece. I don't know if CFRA has a similar provision.

 

[ecmst12]

That's an obscure provision then, never seen it before!

I don't know ANYONE that had or wanted both parents to take 12 weeks off though. The moms I know sometimes took their full 12 and sometimes didn't, depending what they could afford, but the dads only took a week or 2 if anything.